REPORT 

OF  THE 

Bronx  Parkway  Commission 


19  16 


Ex  ffilthnH 


SEYMOUR  DURST 


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■Jam.  ov  Je  MftAatafus 


^  1  i 


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FOX  MEADOW  BROOK 

Bronx  River  Tributary 


REPORT 

OF  THE 

Bronx  Parkway  Commission 


ORGANIZED  UNDER  CHAPTER  594 
OF  THE  LAWS  OF  1907 

AMENDED  BY  CHAPTER  757 
OF  THE  LAWS  OF  1913 

AMENDED  BY  CHAPTER  599 
OF  THE  LAWS  OF  1916 


TO  THE  governor  AND  LEGISLATURE  OF  THE  STATE 
OF  NEW  YORK 

THE  BOARD  OF  ESTIMATE  AND  APPORTIONMENT  OF  THE 
CITY  OF  NEW  YORK 

THE  BOARD  OF  SUPERVISORS  OF  THE  COUNTY  OF 
WESTCHESTER 


JUNE  30,  1916 


MADISON  GRANT,  President 

WILLIAM  W.  NILES,  Vice-President 

JAMES  G.  CANNON,  Treasurer 

Commissioners 


JAY  DOWNER.  Engineer  and  Secretary 


On  July  5,  1916,  five  days  after  the  date  of  this 
report,  Commissioner  James  Graham  Cannon  passed 
away  at  his  home  at  Golden  Bridge,  N.  Y. 

At  a  meeting  of  the  Commission,  held  on  July  6th, 
the  following  was  placed  upon  the  Minutes: 

James  Graham  Cannon,  Bronx  Parkway  Com- 
missioner representing  Westchester  County,  passed 
away,  July  5,  1916. 

Mr.  Cannon  was  a  member  of  the  temporary 
commission  appointed  by  Governor  Higgins  in 
1906.  In  1907  he  was  appointed  by  Governor 
Hughes  to  the  permanent  commission  authorized 
by  the  Legislature  that  year.  He  was  reappointed 
by  Governor  Dix  in  1911  and  again  by  Governor 
Whitman  in  1916. 

Mr.  Cannon's  high  reputation  in  the  City,  State 
and  Nation  enlisted  immediate  interest  and  con- 
fidence in  the  Parkway  project.  He  clearly  foresaw 
its  great  value  to  the  City  of  New  York  and  West- 
chester County  and  gave  most  freely  of  his  time 
and  effort  in  its  behalf.  His  courage,  broad  vision, 
sound  judgment,  enthusiasm  for  constructive  work, 
intimate  knowledge  of  the  territory  involved,  and 
the  unusually  large  measure  of  pubHc  confidence 
reposed  in  him  have  been  most  vital  factors  in  the 
success  of  this  great  undertaking. 

During  the  seven  years  pending  the  City's 
approval,  and  the  three  years  of  active  work  since, 
he  has  with  never  failing  courtesy  worked  zealously 
with  his  fellow  Commissioners  and  has  been  a 
constant  source  of  inspiration  to  them  and  to  the 
Commission's  working  staff. 

Mr.  Cannon's  interests  were  many  and  varied. 
For  the  City,  State  and  Nation  he  has  done  much, 
but  in  no  work  of  recent  years  had  he  done  more 
than  in  the  Bronx  River  Parkway,  destined,  as  he 
knew,  to  be  of  tremendous  import  to  the  city 
which  he  loved  to  serve  and  to  Westchester  County 
where  for  twenty  years  he  had  his  home. 


BEFORE  ACQUIRING 


AFTER 

Two  pictures  from  same  view-point  along  the  Bronx  River,  White  Plains 


To  the  Governor  and  Legislature  of  the  State  of  New  York, 

The  Mayor  and  Board  of  Estimate  and  Apportion- 
ment of  the  City  of  New  York, 
The  Board  of  Supervisors  of  Westchester  County. 

The  Bronx  Parkway  Commission  submits  herewith  its 
report  for  the  two-year  period  ending  June  30,  1916.  This 
report  covers  progress  made  in  acquiring  lands,  in  cleaning 
the  Bronx  River  and  the  Reservation  on  either  side  of  the 
River,  in  the  abatement  of  nuisances  affecting  the  river  and 
tributary  streams,  in  improvement,  forestry  and  reclamation 
work,  in  topographic  surveys  and  the  preparation  of  complete 
landscape  plans  for  the  development  of  the  Reservation,  and 
in  condemnation  proceedings  to  acquire  the  remaining  lands. 

The  Parkway  Reservation,  as  set  aside  by  the  Legislature 
in  Chapter  594  of  the  Laws  of  1907,  Hes  partly  in  the  City  of 
New  York  and  partly  in  the  County  of  Westchester.  The 
cost  of  the  project  is  to  be  borne  jointly  by  these  two  munici- 
palities. The  Legislature  recognized  that,  if  full  control  were 
vested  in  either  one  of  these  municipalities,  hardship,  or  per- 
haps injustice,  might  result  to  the  other,  which  would  be 
called  upon  to  provide  its  share  of  the  funds  without  being 
represented  in  the  controlling  board  disposing  of  such  funds. 

An  equitable  plan  was  adopted,  which  provided  for  vest- 
ing control  in  a  commission  of  three  members,  two  of  whom 
would  represent  the  City  of  New  York  which  was  to  pay  the 
larger  share  of  the  cost,  and  one  of  whom  would  represent 
Westchester  County. 

The  purpose  of  the  Legislature,  made  effective  by  the  act 
referred  to,  was  to  give  the  City  of  New  York  the  option  to 
accept  or  reject  the  entire  project  and  it  was  provided  that 
no  expense  nor  obligation  of  any  nature  should  be  incurred 
by  the  Commission  until  the  Board  of  Estimate  of  the  City  of 
New  York  had  endorsed  the  project  by  approving  of  the 
acquisition  of  the  lands.  The  City  could,  therefore,  elect 
whether  or  not  it  should  proceed  with  the  development  of  the 

7 


Parkway.  After 
various  investiga- 
tions, extending  over 
a  period  of  more 
than  five  years,  the 
Board  of  Estimate 
gave  its  final  ap- 
proval on  June  5, 


With  this  ap- 
proval the  Com- 
mission  was  em- 
powered to  acquire 


1913. 


BRONX  RIVER, 


BRONXVILLE 


the  land  and  develop  the  Parkway  and  it  thereupon  became 
the  duty  of  both  the  City  and  the  County  authorities  to 
provide  the  necessary  funds  upon  the  requisition  of  the  Com- 
mission. The  Legislature  foresaw  that,  without  such  man- 
datory provisions,  one  of  the  parties  at  interest  might,  by 
refusing  to  provide  its  share  of  the  funds,  hold  up  and  seri- 
ously interfere  with  the  development  of  the  project  against 
the  wish  of  the  other  municipality  which,  having  already 
contributed  a  substantial  share,  might  desire  to  proceed. 

The  Commission,  recognizing  its  responsibility  under  the 
rather  broad  powers  conferred  by  the  law,  including  the  right 
to  requisition  the  City  and  County  for  the  funds  required, 
determined  to  justify  the  wisdom  of  the  Legislature  by  afford- 
ing no  grounds  for  criticism  of  the  mandatory  provisions  of 
the  law  and  by  demonstrating  that,  in  this  instance  at  least, 
the  creation  of  a  special  State  Commission  had  resulted  in 
more  economical  and  efficient  administration  of  the  matters 
under  its  control  than  could  reasonably  have  been  expected 
from  State  or  City  departments.  To  accomplish  this  the 
Commissioners  have  given  unsparingly  of  their  time  and 
energy  with  the  result  that  the  total  outlay  for  salaries  and 
other  administration  expenses  incident  to  negotiations  for,  and 
acquisition  of,  the  lands  acquired  to  date,  and  including  the 
other  activities  of  the  Commission,  together  with  all  legal 
expenses,  title  insurance  and  appraisals,  is  about  three  and 
one-half  per  cent,  of  the  value  of  the  lands  acquired. 

It  is  apparent  to  anyone  who  is  familiar  with  the  usual 
high  cost  of  acquiring  land  for  public  use  that,  in  this  instance, 
the  creation  of  a  special  commission  has  been  amply  justified. 


8 


In  addition  to  keeping  at  a  minimum  its  administration 
and  legal  expenses  while  at  the  same  time  securing,  through 
the  personal  efforts  of  the  Commissioners,  the  necessary  lands 
for  the  City  and  County  at  prices  consistent  with  their  true 
value,  to  say  nothing  of  the  generous  donations  and  options 
at  a  fractional  value,  the  Commission  has,  with  respect  to  the 
improvement  and  maintenance  of  the  Parkway,  adhered  to  a 
policy  recognized  as  economically  sound  and  having  full 
regard  for  the  City's  financial  condition. 

The  Parkway  project  was  initiated  primarily  to  preserve 
the  Bronx  River  from  pollution  and  to  secure  at  the  same 
time  a  Parkway  of  great  natural  beauty,  improved  with  path- 
ways and  a  parked  drive,  connecting  the  City's  park  and 
boulevard  systems  with  the  State  roads  and  watershed  lands 
at  Kensico  Reservoir.  Most  of  its  cost  will  be  paid  by  a 
succeeding  generation.  The  immediate  need  was  to  protect 
the  River  from  the  pollution  which  was  rapidly  converting  it 
into  an  open  sewer.  Because  it  is  consistent  with  sound 
policy  as  regards  park  development,  and  because  of  the  neces- 
sity for  economy  in  expenditure,  particularly  by  the  City  of 
New  York,  the  Commission  has  not  entered  upon  a  program 
entailing  lavish  expenditure  for  improvements  and  main- 
tenance. Gradually,  however,  and  by  most  economic  methods 
the  lands  and  River  have  been  cleared  and  cleaned,  the  trees 
and  vegetation  restored  to  a  healthy  condition,  and  general 
improvement  work  initiated. 

In  all  branches  of  its  work  the  Commission  has  afforded 
the  fullest  informa- 
tion to  New  York 
City  and  West- 
chester County  au- 
thorities, as  well  as 
to  the  public  gener- 
ally, as  to  all  its 
acts  and  expendi- 
tures. The  govern- 
ing boards  of  the 
City  and  County 
have  been  notified 
as  to  each  parcel  of 
land  as  soon  as  a 

price  w  a  s  agreed  a  donation,  scarsdale 

9 


SEWAGE    WAS    FOUND    EVEN    IN  PICTURESQUE 


;URROUNDINGS 


upon  and  ample  op- 
portunity has  been 
given  to  investigate 
and  submit  recom- 
mendations to  the 
Commission  p  r  o  - 
vided  the  said  au- 
thorities were  not  in 
agreement  with  the 
action  taken.  The 
pubHc  has  been  fully 
informed  through 
the  press  as  to  prices 


paid  and  all  who  have  cared  could  easily  be  advised  as  to  the 
manner  in  which  the  Commission  has  discharged  its  responsi- 
bilities under  the  act. 

On  June  30,  1914,  the  Commission  reported  very  fully 
upon  the  Parkway  project.  That  report  contained  a  history 
of  the  project  and  a  full  statement  of  the  Commission's  activ- 
ities to  that  date.  The  policy  followed  by  the  Commission 
in  acquiring  lands  in  the  Reservation  and  with  respect  to  the 
management  of  the  property  under  its  control  was  described 
in  detail.  The  report  of  the  Commission's  work  for  the  year 
ending  June  30,  1915,  was  prepared  and  filed  but,  for  reasons 
of  economy,  its  printing  was  not  authorized.  The  following 
report  will  therefore  deal  with  the  activities  of  the  Commission 
during  the  two  years  ending  June  30,  1916,  and  what  it  expects 
to  accompHsh  in  the  near  future.  At  this  point  it  may  be 
well  to  briefly  summarize  the  policies  adhered  to  during  the 
three  years  since  the  Commission  was  authorized  to  acquire 
the  lands  in  the  Reservation,  which  are  as  follows : 

1st — To  acquire  the  twelve  hundred  odd  parcels 
of  land  in  the  Reservation  at  fair  and  reasonable 
values,  keeping  the  cost  of  acquisition  and  legal  ex- 
penses at  the  lowest  figure  commensurate  with  satis- 
factory work. 

2nd — To  abate  pollution,  clean  up  the  lands  and 
purify  the  Bronx  River,  eliminate  billboards,  remove 
buildings,  restore  natural  conditions,  protect  vegeta- 
tion and  promote  healthy  tree  growth. 

3rd — To  proceed  with  permanent  improvement 
work  as  rapidly  as  practicable,  having  due  regard  to 


10 


financial   conditions   and   economic  considerations 
governing  Parkway  work. 

4th — To  resort  to  condemnation  proceedings  to 
acquire  the  remaining  lands  only  after  exhausting  all 
possible  efforts  to  agree  with  owners  on  a  reasonable 
basis,  and  where  necessary  because  of  defective  titles. 
The  aggregate  value  of  lands  acquired  by  direct  purchase 
since  the  Commission's  last  report,  including  interest  on  con- 
tracts and  taxes  and  assessments  accruing  prior  to  the  date 
set  for  taking  title,  is  $2,082,389.44,  making  total  to  date 
$3,810,271.89,  and,  in  addition,  there  are  lands  under  con- 
tract to  the  value  of  $162,030,  making  aggregate  value  of 
lands  acquired  or  under  contract  by  direct  purchase  to  June 
30,  1916,  $3,972,301.89. 

Of  the  above  gross  amount  $186,367.17  represents  interest 
accruing  between  the  time  set  for  closing  contract  and  the 
date  upon  which  the  funds  were  actually  available  for  taking 
title,  together  with  taxes  and  assessments  accruing  during  the 
said  period,  or  assessments  levied  by  the  City  of  New  York 
in  street-opening  proceedings  allowed  for  in  the  purchase  price, 
so  that  the  net  cost  of  lands,  less  these  items,  was  $3,783,934.72. 

In  addition  to  acquiring  land  since  the  last  report,  the  Com- 
mission has  removed  or  demolished  approximately  275  old 
buildings  standing  upon  Parkway  lands,  razed  the  foundations, 
filled  up  the  cellars  and  graded  the  lands.  From  the  sale  of 
these  buildings  the  Commission  has  realized  $41,782.04, 
and  has  collected  in  rentals  $21,986.62.  These  funds,  to- 
gether  with  small 

amounts  received  •- 
from  other  sources, 
were  deposited  with 
the  County  Trust 
Company  of  White 
Plains,  and  the  Com- 
mission has  received 
interest  at  the  rate 
of  2  per  cent,  on 
daily  balances.  A 
detailed  statement 
of  the  total  receipts 
to  date,with  accrued 
interest,  is  shown  in 


REMOVING   BUILDINGS    FROM  P.\RKWAY, 
THE  BRONX 


11 


the  Treasurer's  re- 
port hereto  annexed. 

On  January  1, 
1916,  the  amount 
available  was 
sHghtly  in  excess 
of  vS50,000.  These 
funds  were  needed 
for  improvement 
purposes  and,  if  so 
PORTION  OK  NEW  NURSERY  cRESTwooD  used,  would  reduce 

the  amount  required 

to  be  appropriated  by  the  City  of  New  York  and  the  County  of 
Westchester  for  construction  work.  The  Commission,  there- 
fore, requested  the  Board  of  Estimate  and  Apportionment  of 
the  City  of  New  York,  and  the  Board  of  Supervisors  of  West- 
chester County,  to  authorize  the  turning  over  of  such  funds 
to  the  Comptroller  of  the  City  of  New  York  to  be  placed  to 
the  credit  of  the  Commission,  and  to  be  disbursed  by  him 
upon  the  requisition  of  the  Commission  to  defray  the  cost  of 
improvement  work.  Both  of  the  said  Boards  approved  this 
procedure  and  on  March  30,  1916,  the  Commission  deposited 
with  the  Comptroller  of  the  City  of  New  York  an  amount  of 
$50,000,  which  amount  was  credited  to  the  account  of  the 
Commission,  to  be  used  in  the  improvement  of  Parkway  lands. 

One  hundred  and  fifty-four  separate  cases  of  pollution 
have  been  discovered  and  offenders  notified,  with  the  result 
that,  in  most  instances,  the  nuisances  have  been  abated. 
Those  still  pending  will  be  speedily  adjusted.  This  work 
necessitated  most  careful  scrutiny  of  tributary  streams,  as 
well  as  the  testing  of  plumbing  systems  in  a  large  number 
of  dwelling  houses  and  business  buildings. 

In  connection  with  the  forestry  work  all  trees  on  the  Reser- 
vation have  been  cared  for  excepting  on  small  areas  not  yet 
acquired;  dead  or  defective  trees  have  been  removed  and 
live  ones  trimmed  or  treated  as  required.  In  the  nursery, 
established  two  years  ago,  more  than  55,000  trees  and  shrubs 
have  been  propagated  and  are  now  available  for  transplanting 
throughout  the  Reservation. 

The  Bronx  River  has  repeatedly  been  cleaned  throughout 
its  length  of  fifteen  miles  and  an  enormous  quantity  of  debris 
and  obnoxious  material  removed  therefrom.    More  than  sixty 


12 


large  and  offensive  billboards  have  been  abolished.  Through- 
out the  Reservation  a  vast  amount  of  cleaning  work  has  been 
done  and,  as  fast  as  acquired,  the  lands  have  been  restored 
to  a  natural  and  wholesome  condition,  and  the  development 
of  trees  and  other  natural  features  encouraged. 

What  has  been  done  in  the  work  of  reclaiming  the  River 
from  its  former  polluted  state  and  restoring  natural  and  whole- 
some conditions  in  the  Parkway  Reservation,  is  best  shown  by 
the  photographic  record  from  which  typical  sets  of  views, 
showing  conditions  before  the  Commission  took  jurisdiction 
over  the  lands  and  after  preliminary^  treatment,  are  shown 
throughout  the  pages  of  this  report. 

In  connection  with  property  and  topographical  surveys 
248  permanent  monuments  have  been  set,  marking  boundaries 
adjacent  to  private  lands;  detailed  and  accurate  topographical 
surveys  covering  1,044  acres  have  been  completed  and  general 
improvement  plans  prepared  for  the  entire  Parkway  between 
Bronx  Park  and  Valhalla.  Negotiations  have  been  success- 
fully concluded  to  insure  the  erection  of  bridges  and  viaducts 
of  artistic  design  within  the  Reservation  at  Gun  Hill  Road, 
The  Bronx;  at  Broad  Street  between  Mount  \"ernon  and 
Yonkers;  at  White  Plains  opposite  Woodland  Place,  and  at 
Hamilton  Avenue;  also  at  Yonkers  Avenue,  Tuckahoe.  Fur- 
ther negotiations  are  still  in  progress  on  designs  for  bridges 
at  East  241st  and  East  238th  Streets.  The  River  has  been 
diverted  away  from  the  unsightly  rock  filled  railroad  embank- 
ment for  a  considerable  distance  at  North  White  Plains  under 
the  direction  of  the 
Commission  but  at 
the  expense  of  the 
Railroad  Company, 
and  the  large  spoil 
bank,  left  by  the 
Bronx  Valley  Sewer 
contractors  above 
Scarsdale  Station, 
has  been  removed. 
General  grading 
work  has  been  done 
to  level  off  rough 
sections  and  fill 
depressed  spots. 


Excavation  is  well  under  way  for  a  large  lake  at  White  Plains 
and  a  substantial  proportion  of  the  grading  work  required 
between  Bronx  Park  and  Gun  Hill  Road  has  been  completed. 

Playgrounds  have  been  placed  at  the  disposal  of  local 
associations  at  Bronxville,  Tuckahoe  and  White  Plains.  These 
grounds,  temporarily  set  aside  by  the  Commission,  have  been 
equipped,  maintained  and  conducted  at  the  expense  of  the 
local  organizations  with  very  gratifying  results.  Space  has 
also  been  provided  in  many  sections  throughout  the  Parkway 
to  be  used  by  baseball  and  football  teams  and  numerous 
games  have  been  played. 

The  condition  of  the  River,  itself,  has  constantly  been 
improving  with  the  elimination  of  nuisances  and,  with  the 
exception  of  the  section  below  the  East  235th  Street  sewer, 
its  condition  this  season  is  so  satisfactory  that  it  has  been 
used  to  a  surprisingly  large  extent  by  bathers.  On  ordinarily 
hot  days  between  1,000  and  1,500  bathers  have  been  using 
the  River  which  affords  relief  to  large  numbers  who,  owing 
both  to  distance  and  quarantine  regulations,  are  deprived 
of  the  use  of  the  beaches. 

The  Commission  has  endeavored  to  acquire  and  develop 
this  great  Parkway  without  extravagance  or  waste  in  any 
particular.  To  this  end  a  large  amount  of  personal  work 
has  been  done  by  the  individual  Commissioners,  especially 
in  connection  with  negotiations  for  lands  by  direct  purchase, 
which  has  resulted  in  marked  economy  and  more  satisfactory 
results  in  every  respect  than  could  have  been  realized  through 
the  medium  of  special  agents.  In  all  the  Commission  has 
held  three  hundred  and  fifteen  meetings  in  addition  to  almost 
continuous  attention  from  the  individual  Commissioners  by 
trips  over  the  fifteen  miles  of  Parkway. 

The  expenses  incident  to  negotiations,  including  cost  of 
appraisals,  etc.,  and  for  fully  acquiring  the  lands  in  the  Reser- 
vation, together  with  title  search,  policies  of  title  insurance, 
legal  expenses,  etc.,  is  believed  to  constitute  a  record  for 
economy  in  proceedings  of  this  sort  as  will  be  shown  by  the 
following  table  of  percentages  of  total  expenditures  made  by 
the  Commission  to  January  1,  1916: 


14 


AFTER  VIEW 


Cost  of  lands  fully  acquired  on  or  before  Janu- 
ary   I,    1916,    including   interest,    taxes  and 


assessments                                                    $3,602,927.43  92.76% 

Real    estate    appraisals,    title    examination  and 

title  insurance    28,430.02  0.73% 

All  law  expenses   15.376.35  0.40% 

Administration    expenses,    including    salaries  of 

Commissioners    and    office    employees,  rent 

and  incidental  expenses   90,599.32  2.33% 

Engineering    Department,    and    for    surveys  ac- 
quired by  contract   64,097.46  1.65% 

Forestry,   maintenance  and   improvement,  includ- 
ing new  construction   59,866.63  i-S4% 

Personal  property    8,400.59  0.22% 

Stores   5,99745  0.15% 

Miscellaneous   8,338.64  0.22% 


Total  Disbursements  to  Janu.\rv  i,  1916          $3,884,033.89  100.00% 


A  financial  statement,  together  with  tables  containing  dis- 
tribution of  cost  for  the  various  items  of  the  Commission's 
work  is  appended  to  this  report. 


SCARSDALE  LAKE 

16 


IN  THE  PARKWAY  RESERVATION 


ACQUISITION  OF  LANDS 


FLOODED  LANDS  ABOVE  WHITE  PLAINS 


The  methods 
adopted  for  acquir- 
ing lands  were  fully 
described  in  the 
Commission's  last 
report  and  no  good 
reason  has  been 
found  for  departing 
from  the  procedure 
outlined  therein. 
The  various  efforts 
made  to  compel  the 
Commission  to  re- 
sort to  condemna- 
t  i  o  n  proceedings 
before  exhausting  all 


reasonable  efforts  to  acquire  lands  by  direct  purchase,  have 
been  unsuccessful.  The  charges  preferred  against  the  Park- 
way Commissioners  before  Governor  Glynn  by  three  citizens 
of  Westchester  County  in  1914,  were  dismissed  without  a 
formal  hearing  before  the  Governor,  and  the  application  for  a 
peremptory  writ  of  mandamus,  brought  by  former  Justice 
Charles  F.  MacLean  in  1914,  to  compel  the  Commission  to 
condemn  his  lands  in  the  Reservation,  was  denied  and,  on 
appeal,  the  Appellate  Division  unanimously  affirmed  the  de- 
cision of  the  lower  court.  These  attempts  to  force  the  Com- 
mission into  premature  condemnation  proceedings  are  de- 
scribed in  more  detail  in  report  of  Counsel  hereto  attached. 

The  Commission  continued  actively  its  negotiations  with 
the  several  hundred  property  owners  whose  lands  had  not 
yet  been  acquired.  The  standard  values,  adopted  after  ex- 
haustive study  and  consideration  of  the  reports  of  numerous 
appraisers  and  other  experts,  and  examination  of  lands  by  the 
Commission,  were  adhered  to.  In  very  many  cases  property 
owners,  who  had  refused  to  accept  these  values,  finally  ad- 
mitted that  they  were  fair  and  reasonable  and  contracted  to 
sell  their  lands.  For  thirty-four  of  the  parcels  acquired  the 
owners  asked  $714,923.93,  and  the  Commission  paid,  with 
interest,  $237,993.35;  the  saving  being  $476,930.58,  or  two- 
thirds  of  the  asking  price. 


18 


A  persistent  search  was  made  to  locate  absentee  owners, 
whose  addresses  the  Commission  had  heretofore  been  unable 
to  discover,  and  these  efforts  resulted  in  finding  the  owners,  or 
authorized  representatives,  of  all  but  20  parcels  in  the  Reser- 
vation. In  a  large  majority  of  cases  the  owners,  so  located, 
after  investigating  the  Commission's  methods  and  uniform 
values  offered,  accepted  the  Commission's  standard  value  for 
their  lands. 

On  June  30,  1916,  the  Commission  had  acquired,  or  secured 
by  contract,  about  two-thirds  in  value  of  the  lands  in  the 
Parkway  Reservation.  Of  the  remaining  one-third,  more  than 
one  hundred  parcels  represented  a  considerable  area  consisting 
of  lands  of  the  New  York  Central  Railroad  Company  for  which 
active  negotiations  are  in  progress  and  which  will,  no  doubt, 
be  acquired  by  direct  purchase.  The  titles  to  a  considerable 
number  of  the  others  were  found  to  be  either  defective  or  so 
involved  that  it  was  necessary  to  resort  to  condemnation 
proceedings  to  secure  good  title.  With  the  owners  of  the 
residue  the  Commission  had  so  far  been  unable  to  agree 
upon  the  values  to  be  paid  that,  with  but  few  exceptions, 
further  negotiations  were  deemed  useless.  The  Commission 
believed  that  it  had  offered  all  that  these  lands  were  worth  and 
did  not  feel  justified  in  purchasing  at  higher  prices.  The 
owners,  on  their  part,  were  unwilling  to  accept  these  offers; 
some  no  doubt  because  of  a  sincere  belief  that  the  Commission's 
prices  were  inade- 
quate, although  they 
had  not  been  able 
to  present  com- 
petent evidence  in 
support  of  greater 
value.  Others  un- 
doubtedly refused  to 
sell  direct  in  the 
hope  of  securing, 
through  the  medium 
of  a  condemnation 
board,  amounts 
considerably  in  ex- 
cess  of   what  the 

Commission,     after  .^^.^^  ^^^^.^^^^ 

an  exhaustive  study  purchase 


19 


extending  over  a  period  of  several  years,  would  feel  justified 
in  paying. 

To  acquire  by  direct  purchase  from  all  those  owners  in  the 
Parkway  who  were  competent  to  convey  would,  of  course, 
have  been  the  ideal  condition,  and  the  Commission  endeavored 
to  be  so  fair  and  its  efforts  were  so  persistent  that  nothing 
further  could  be  done  to  attain  this  result. 

In  view  of  the  many  extravagant  awards  made  for  lands 
acquired  in  other  condemnation  proceedings  it  was  to  be  ex- 
pected that  some  property  owners  would  adhere  to  their  de- 
termination to  resort  to  such  proceedings  in  order  to  secure, 
if  possible,  awards  at  least  very  liberal,  if  not  considerably  in 
excess  of  the  real  value  of  their  lands.  The  Commission 
afforded  every  opportunity  to  negotiate  directly  and  gave 
ample  notice  to  all,  particularly  to  those  less  well  informed,  or 
of  foreign  birth,  to  sell  their  lands  directly  to  the  Commission 
without  expense  and  receive  promptly  cash  therefor.  The 
delays  and  expenses  inevitably  attendant  upon  condemnation 
proceedings  were  explained  and,  in  those  cases  where  the  lands 
to  be  taken  represented  the  entire  holdings  of  their  owners, 
the  advantages  of  selling  direct  were  made  clear.  Such 
owners  were  urged  to  submit  to  the  Commission  all  possible 
evidence  in  support  of  their  demands  and,  in  order  that  such 
facts  might  be  brought  directly  to  the  attention  of  the  indi- 
vidual Commissioners,  more  than  one  hundred  and  twenty- 
five  hearings  have  been  held. 

The  Commission  has  spared  neither  time  nor  effort  to 
acquire  the  twelve  hundred  odd  parcels  of  land  within  the 
limits  of  its  jurisdiction  by  methods  which  would  insure  a 
just  and  reasonable  return  to  the  seller,  fair  and  adequate 
value  to  the  public,  which  is  the  buyer,  and  with  the  cost 
incidental  to  acquisition  kept  at  the  minimum.  The  Com- 
mission, therefore,  finds  itself  well  rewarded  for  its  efforts  in 
that  it  has  been  able  to  agree  with  more  than  three-fourths 
of  the  owners  who  are  competent  to  convey  good  title  to 
their  lands.  The  total  cost  for  all  real  estate  and  building 
appraisals,  for  examination  and  reports  upon  titles,  for  title 
insurance,  and  for  all  legal  expenses  incidental  to  the  acquisi- 
tion of  lands,  aggregates  slightly  over  one  per  cent,  of  the 
value  of  the  lands  acquired.  This  is  believed  to  constitute  a 
record  in  the  acquisition  of  lands  for  public  use  both  as  to  the 
percentage  of  lands  acquired  by  direct  purchase  at  reasonable 
prices  and  as  to  the  expense  of  acquisition  incidental  thereto. 

20 


AFTER 


/■  ^  .  .  The    parcels  of 

«      •^■^*^v¥4^M^V'  ^^^^   acquired  are 

'T.<^r^^«P^|^^  scattered  through- 

out the  length  and 
breadth  of  the 
Reservation  from 
Bronx  Park  to 
Kensico  Reservoir 
and  are  representa- 
tive of  every  section. 
BRONX  RIVER  BATHERS  is  believcd,  there- 

fore, that  the  large 

number  of  purchases  made,  including  parcels  typical  of  all  parts 
of  the  Reservation,  and  at  prices  consistent  with  each  other, 
evidencing  the  willingness  of  a  large  proportion  of  the  owners 
to  accept  the  Commission's  standard  values,  will  be  effective 
in  establishing  values  before  a  condemnation  board  and  will 
operate  against  unequal  or  excessive  awards.  The  Commis- 
sion, therefore,  believes  that,  with  the  vast  amount  of  informa- 
tion relative  to  land  values  throughout  the  Reservation,  the 
large  number  of  reports  from  expert  appraisers  on  file,  the 
record  made  of  purchases  of  the  greater  part  of  the  lands  at  uni- 
form standard  values,  and  the  familiarity  of  the  Commission- 
ers, its  legal  and  engineering  staff,  with  each  individual  parcel, 
evidence  can  be  presented  so  conclusive  as  to  result  in  speedy 
determination  and  awards  consistent  with  true  values. 

Before  instituting  proceedings  to  acquire  the  residue  of 
lands  by  condemnation,  the  Commission  invited  proposals 
from  the  recognized  title  companies  for  examination  of  titles, 
certification  of  owners'  and  lienors'  names,  and  full  reports 
upon  the  status  of  ownership  of  all  parcels  remaining  to  be 
acquired.  It  was  recognized  that  such  examinations  could 
be  made,  and  reports  rendered,  by  a  title  company  with  its 
systematized  records  and  trained  investigators,  more  expedi- 
tiously and  at  much  less  cost  than  would  be  incurred  if  the 
Commission  endeavored  to  secure  this  information  through 
its  own  office  force. 

Upon  receipt  of  proposals  from  the  three  companies  oper- 
ating in  the  territory  to  be  covered,  a  contract  was  awarded, 
at  a  very  reasonable  figure,  to  the  New  York  Title  and  Mort- 
gage Company,  which  was  the  lowest  bidder.  These  reports 
have  been  obtained  and  most  of  the  voluminous  work  inci- 


22 


dental  to  preparation  for  condemnation  proceedings  under 
the  Code  of  Civil  Procedure,  which  must  be  followed  by  the 
Commission  and  which  requires  the  determination  of,  and 
personal  service  upon,  each  claimant  or  lienor,  has  been  dis- 
posed of.  Some  idea  of  the  tediousness  of  the  procedure 
and  amount  of  work  involved  may  be  obtained  by  reference 
to  report  of  Counsel  appended  hereto. 

Condemnation  commissioners  have  been  appointed  and 
qualified,  and  the  Parkway  Commission  thereby  put  in  pos- 
session of  the  remaining  lands  up  to  and  including  White 
Plains  within  the  past  few  months.  The  lands  north  of 
White  Plains  will  be  included  in  a  later  proceeding  now  in 
course  of  preparation. 

For  the  purposes  of  condemnation  proceedings,  the  Park- 
way area  was  divided  into  six  sections,  the  plan  being  to  apply 
to  the  Court,  as  rapidly  as  jurisdiction  over  the  claimants 
in  a  given  section  could  be  obtained,  for  the  appointment  of 
a  commission  of  three  men  for  each  section,  or  six  different 
sets  of  commissioners  of  appraisal  for  the  entire  Parkway 
area  to  be  condemned.  This  plan  has  been  adhered  to  upon 
the  five  general  proceedings  already  well  under  way,  and  it  is 
gratifying  to  note  that  in  each  case  the  Courts  have  appointed 
commissioners  of  high  reputation  and  experience,  who  have 
taken  up  their  duties  seriously  and  in  an  earnest  effort  to 
expedite  the  proceedings. 

The  Commissioners  of  Appraisal  appointed  in  the  five 
proceedings  now  in  progress  and  the  respective  sections  under 
their  jurisdiction  are 
as  follows: 

In  Proceeding  No.  I,  in- 
cluding lands  to  be  con- 
demned in  the  Bronx 
between  Bronx  Park  and 
MacLean  or  Neried 
Avenue,  Mr.  Justice 
Mullan  appointed. 

Cyrus  C.  Miller, 
Chairman, 

Richard  W.  Lawrence, 
Lee  Parsons  Davis 


23 


In  Proceeding  A^o.  II,  the  White  Plains  section,  Mr.  Justice  Tompkins 
appointed :  John  R.  Delafield,  Chairman,     Frank  S.  Reynolds, 
James  Dimond. 

In  Proceeding  No.  Ill,  the  section  between  Midland  Avenue,  Bronxville,  and 
Crestwood  Station,  Mr.  Justice  Young  appointed : 

Austin  K.  Griffen,  Chairman,         Gideon  H.  Peck. 
Henry  K.  Davis, 

In  Proceeding  No.  IV,  the  section  between  Crestwood  Station  and  Scarsdale, 
Mr.  Justice  Tompkins  appointed : 

Herbert  A.  Knox,  Chairman.  Dan  C.  Nolan, 

James  F.  Secor. 

In  Proceeding  No.  V ,  the  section  between  New  York  City  line  at  MacLean 
or  Neried  Avenue  and  Alidland  Avenue,  Bronxville,  including  West 
Mount  Vernon,  Mr.  Justice  Young  appointed : 

Martin  J.  Keogh,  Chairman,  Walter  W.  Westall, 

Harry  D.  Whittle. 

Schedule  E,  appended  to  this  report,  contains  a  list  of 
the  parcels  of  land  acquired  by  direct  purchase  since  the 
last  report,  dated  June  30,  1914.  The  area  and  purchase 
price  of  each  parcel  of  land  acquired  by  separate  contract 
are  shown  in  detail.  It  is  worthy  of  note  that  in  the  policies 
of  title  insurance  which  cover  parcels  of  land  acquired  by 
direct  purchase  to  date,  in  no  single  instance  does  a  survey 
exception  appear. 

Table  G,  attached  to  this  report,  contains  a  list  of  the 
parcels  of  land  acquired  to  date  in  condemnation  proceedings 
by  virtue  of  the  fihng  of  the  oaths  of  the  commissioners  of 
appraisal  above  mentioned. 

In  the  first  proceeding,  brought  in  Westchester  County, 
attorneys  for  one  of  the  defendants  opposed  the  judgment  of 
condemnation  on  the  ground  that  the  Act  was  insufficient  and 
unconstitutional  in  that  it  did  not  clearly  provide  for  payment 
of  the  City's  share  of  interest  accumulating  on  awards.  To 
clarify  this  provision,  as  well  as  other  sections  of  the  Act 
relating  to  condemnation  proceedings,  and  to  enable  the  Com- 
mission to  grant  needed  easements  to  municipalities  for  the 
construction  of  roads  and  bridges  across  Parkway  lands,  a 
bill  to  amend  the  Parkway  law  was  introduced  in  the  Legis- 
lature and  became  Chapter  599  of  the  Laws  of  1916. 

The  Parkway  Law,  Chapter  594  of  the  Laws  of  1907,  as 
amended  by  Chapter  757  of  the  Laws  of  1913,  and  Chapter 
599  of  the  Laws  of  1916,  is  annexed  to  this  report. 


24 


NEAR  FLEETWOOD  AVENUE,  YONKERS 


CLEANING  AND  PROTECTING  THE  RIVER 


Filthy  condition  of  river  at  Williamsbridge 


BEFORE 


Just  how  many 
sources  of  pollution 
contributed  to  the 
defilement  of  t  h  e 
Bronx  River  could 
not  be  fully  deter- 
mined until  the  long 
period  of  drought  in 
the  summer  and  fall 
of  1914  made  it  pos- 
sible to  detect  in- 
sidious seepage  from 
bhnd  drains  or  skil- 
fully concealed  out- 
lets through  which 
sewage    and  other 


forms  of  pollution  found  its  way  into  the  bottom  of  the  River. 
Advantage  was  taken  of  the  opportunity  afforded  by  the  ab- 
sence of  storm  water  or  ground  flow  to  scrutinize  with  the 
minutest  care  both  the  immediate  banks  and  the  environs  of 
the  Bronx  River  as  well  as  its  tributary  streams,  aggregating 
more  than  twenty-nine  miles  in  length.  The  larger  and  more 
flagrant  violators  of  sanitary  decency  had  already  been  dis- 
covered, and  in  most  instances  the  nuisances  had  been  abated. 
In  order  to  determine  the  exact  source  of  much  of  the  pollution 
discovered  during  the  dry  season,  it  was  necessary  in  some 
cases  to  test  out  the  plumbing  systems  of  whole  blocks  of 
houses,  and  particularly  in  the  case  of  Davis  Brook,  running 
through  the  center  of  the  Village  of  White  Plains,  the  color 
test  applied  to  the  plumbing  systems  of  every  building  along 
or  near  the  brook  to  determine  which  ones  were  discharging 
their  sewage  into  the  stream  instead  of  into  the  village  sewer 
system  revealed  many  flagrant  and  offensive  cases.  The  im- 
mediate environs  of  the  River  had  already  been  cleaned  up, 
so  that  the  sanitary  work  during  the  past  year  has  related 
more  particularly  to  the  tributary  streams  which,  owing  to 
their  very  character,  render  detection  more  difficult.  In  the 
case  of  the  MacLean  and  tributary  brooks,  originating  in  the 
Town  of  Greenburgh,  northwest  of  White  Plains,  many  cases 
of  pollution  were  discovered  near  the  headwaters  where  the 


26 


streams  were  little  more  than  swamps,  receiving  overflow 
from  cesspools,  and  providing  dumping  grounds  for  stable 
refuse,  drainage  from  pig  pens,  etc. 

In  all,  154  violators  of  sanitary  decency  were  discovered, 
and  upon  each  party  responsible  therefor  a  formal  notice  was 
served  allowing  twenty  days  in  which  to  abate  the  nuisance. 
While  it  was  not  reasonably  possible  to  secure  remedy  in  all 
cases  within  the  time  fixed,  extensions  in  some  cases  were 
allowed  where  commendable  efforts  were  being  made  to  pro- 
vide a  remedy.  The  Commission  adopted  Sanitary  Regula- 
tions as  follows: 

No.  i:  \o  sewage,  factory  waste,  oils,  oily  substances  or  pollution  of 
any  kind  or  character  shall  be  discharged  into  the  Bronx  River,  or  upon  lands 
in  the  Bronx  River  Parkway  Reservation,  or  into  any  tributary  brook,  stream, 
storm  sewer  or  drain  flowing  into  the  Bronx  River,  or  in  any  manner  what- 
soever which  might  result  in  polluting  the  Bronx  River  or  lands  within  the 
Parkway  Reservation. 

No.  2:  No  ashes,  garbage,  foecal  matter,  waste  paper,  excavated  materi- 
als, old  metal  or  refuse  matter  of  any  character  shall  be  deposited  in  or 
near  the  Bronx  River  or  upon  lands  of  the  Bronx  Parkway  Commission,  and 
no  such  refuse  or  other  materials  shall  be  deposited  in  or  along  brooks,  drains 
or  storm  sewers  tributary  to  said  Bronx  River,  in  such  manner  as  shall  result 
in  polluting  the  waters  of  the  River;  except  that,  upon  proper  application, 
the  Commission  may  consent  to  deposits  of  earth,  rock  or  other  materials 
suitable  for  filling  purposes  in  such  locations  and  under  such  specific  regula- 
tions as  may  be  prescribed. 

A  copy  of  these  regulations  was  forwarded  to  each  one 
responsible  for  a  violation,   together  with   formal  notice 
allowing  twenty 
days  within  which 
to   correct  unsani- 
tary conditions. 

The  C  o  m  m  i  s  - 
sion's  sanitary  ex- 
perts conferred  with 
many  of  those  who 
were  responsible  for 
violating  the  sani- 
t  a  r  y  regulations, 
and  offered  effective 
suggestions  and  ad- 
vice as  to  the  most 
practicable  method 
of  eliminating  such 


Same  viczu  after  filth  and  rubbish  had  been  removed 


27 


nuisances.  Where  the  owners  were  not  wilHng  to  co-operate 
the  Commission  notified  them  that  it  would  resort  to  legal 
proceedings  but,  up  to  this  time,  it  has  not  been  necessary 
to  actually  bring  legal  proceedings  to  secure  a  remedy  in  a 
single  instance.  While  some  cases  were  trivial  and  not  par- 
ticularly offensive,  taken  in  the  aggregate  they  seriously 
polluted  the  River,  so  that  the  Commission  found  it  necessary 
to  take  up  each  particular  case,  no  matter  how  small.  Some 
of  the  more  serious  cases  may  be  briefly  described. 

White  Plains  Gas  Works 

At  the  gas  plant  of  the  Westchester  Lighting  Company  in 
White  Plains  large  quantities  of  gas  tar  and  oil  were  discharged 
upon  the  surface  of  the  ground  in  the  Gas  Company's  yards. 
During  times  of  heavy  rainfall  these  substances  were  washed 
into  Davis  Brook,  one  of  the  tributaries  of  the  River  running 
through  White  Plains,  and  so  found  their  way  to  the  River. 
Some  of  this  heavy  oil  and  tar  was  precipitated  and  settled  in 
the  mud  at  the  bottom  of  the  River;  the  balance  flowed  over 
the  surface  of  the  stream  or,  carried  by  high  water,  collected 
on  weeds,  grass,  etc.,  along  the  shores,  and  with  the  lowering 
of  the  surface  of  the  stream  settled  in  stagnant  pools  and 
eddies.  A  chemical  analysis  disclosed  that  these  gas  tar  and 
oily  substances  were  detrimental  to  human,  animal  and  marine 
life,  and  capable  of  destroying  high  and  low  forms  of  vegeta- 
tion. The  gases  and  volatile  units,  if  confined  under  pressure, 
might  lead  to  disastrous  results.  They  would  also  prevent 
the  successful  propagation  of  fish,  and  were  believed  to  be 
responsible  for  the  scarcity  of  frogs  which,  as  tadpoles,  are 
valuable  scavengers  along  the  River. 

Notice  was  served  upon  the  Westchester  Lighting  Company 
in  December,  1913,  to  abate  this  pollution.  When  informed 
as  to  the  purpose  of  the  Commission  the  Lighting  Company 
expressed  its  desire  to  co-operate  and  in  due  time  installed  a 
filtration  plant  for  screening  and  filtering  the  oily  ingredients. 
It  also  cleaned  out  the  mud  from  the  sides  and  bottom  of 
Davis  Brook  in  order  that  the  heavy  oils  deposited  might  not 
find  their  way  into  the  Bronx  River.  After  experimenting  at 
length  with  this  system  it  was  found  to  be  entirely  inadequate 
to  meet  the  Commission's  requirements,  as  at  certain  periods, 
particularly  during  the  rainy  season,  a  large  quantity  of  heavy 
tar  and  oily  substances  would  percolate  through  the  filters 

28 


AFTER 

Bronxville 


or  flush  out  from  the  ground  into  Davis  Brook  and  the  Bronx 
River.  Finally,  in  order  to  meet  the  Commission's  require- 
ments, the  Lighting  Company  installed  an  elaborate  filtration 
system,  including  tar  and  oil  separators,  settling  tanks  and 
sand  filters.  This  plant  is  now  installed  and  in  use  and,  while 
not  yet  one  hundred  per  cent,  perfect,  it  has  succeeded  in 
eliminating  practically  all  of  the  objectionable  substances, 
the  quantity  of  gaseous  fluids  reaching  Davis  Brook  now  being 
almost  negligible.  This  separating  and  filtration  plant  is  said 
to  have  been  installed  at  a  cost  to  the  Lighting  Company  of 
approximately  $5,000.  It  is  fair  to  assume,  however,  that  a 
reasonable  return  on  this  investment  will  accrue  to  the  Com- 
pany in  the  value  of  the  oil  thus  saved  to  be  used  as  fuel. 

The  brook  at  Valhalla,  also  called  Davis  Brook,  which 
since  the  erection  of  the  Kensico  Dam  has  supplied  the  head- 
waters of  the  Bronx  River,  flows  through  the  business  section 
of  Valhalla  and  several  buildings  have  been  erected  squarely 
over  the  brook,  which  receives  sink  drainage  and  other  pollu- 
tion, including  overflow  from  a  number  of  cesspools  in  the 
vicinity.  This  part  of  the  brook  is  outside  of  the  limits  of 
the  Parkway  Reservation  and,  after  considerable  effort  on 
the  part  of  the  Commission  to  secure  a  remedy  for  this  case, 
the  residents  of  Valhalla  and  officials  of  the  Town  of  Mount 
Pleasant  suggested  that  the  Commission  acquire,  jointly 
with  them,  under  authority  of  the  Parkway  law  as  amended, 
a  protective  strip  on  each  side  of  the  brook  to  be  developed 
as  a  local  park  connecting  with  the  Parkway  Reservation 
and  insuring  adequate  park  development  to  the  Valhalla 
Station  which  would  thus  become  the  logical  gateway  to  the 
Kensico  Reservoir  with  its  huge  dam  of  great  architectural 
beauty  and  other  landscape  features  of  no  mean  importance. 
Upon  petition  of  the  Town  Board  of  Mount  Pleasant  the  matter 
was  taken  up  by  the  Commission;  options  were  secured  from 
the  owners  of  the  lands ;  the  necessary  authorization  was  made 
by  the  Town  Board  of  the  Town  of  Mount  Pleasant  and  the 
Bronx  Parkway  Commission  and  the  strip  along  Davis  Brook, 
consisting  of  eight  parcels  with  area  of  L958  acres  is  now  under 
contract  for  purchase  with  the  exception  of  one  parcel  which 
it  will  probably  be  necessary  to  condemn.  This  strip  will  be 
developed  in  harmony  with  the  treatment  of  the  Bronx  River 
Parkway  Reservation  in  that  vicinity. 

In  a  number  of  places  private  trunk  sewers,  serving  groups 


30 


KENSICO  RESERVOIR  AND  DAM,  PARKWAY  TERMINAL 


of  houses  and  apartments,  were  discharging  sewage  into  the 
Bronx  River.  Some  of  the  worst  of  these  were  located  at 
Hartsdale,  Tuckahoe,  WilHamsbridge  and  at  White  Plains, 
where  it  was  found  that  Davis  Brook  was  used  as  a  sewer  for 
a  large  number  of  buildings  occupied  by  from  one  to  ten  fam- 
ilies. The  Commission  found  many  violations,  where  it  was 
entirely  practicable  to  connect  with  sanitary  sewers,  draining 
into  the  Bronx  Valley  trunk  sewer.  It  appeared,  however, 
that  while  municipal  sewer  systems  along  the  Bronx  Valley 
had  been  connected  with  the  trunk  sewer,  the  individuals  or 
private  corporations  continued  to  discharge  their  sewage  into 
the  Bronx  River  until  protests  were  received  from  the  Com- 
mission. Three  particularly  difificult  cases  were  found  in 
the  vicinity  of  North  White  Plains  and  Valhalla,  namely:  the 
sewage  from  railroad  buildings  and  roundhouse  at  North 
White  Plains,  the  oily  discharge  from  the  Pumping  Station 
of  the  Castle  Heights  Water  Company,  and  laundry  and  sink 
water  from  the  Kerbaugh  Construction  Camp  at  Valhalla,  the 


31 


"before  and  after  taking" 
Two  pictures  from  same  view-point,  White  Plains 


latter  being  in  considerable  quantity.  In  each  instance  more 
adequate  facilities  were  installed  and  the  Commission's  re- 
quirements met. 

The  most  serious  case  of  pollution,  however,  and  the  most 
difficult  to  find  a  remedy  for,  is  a  public  sewer  in  the  Borough 
of  The  Bronx,  discharging  into  the  Bronx  River  from  East 
235th  Street.  This  is  a  48-inch  trunk  sewer  built  primarily 
as  a  storm  water  sewer  but,  during  recent  years,  there  being 
no  sanitary  sewers  in  the  Woodlawn  Heights  section,  the 
City  authorities  have  issued  permits  for  sanitary  sewer  con- 
nections with  this  storm  sewer  with  the  result  that  there  is 
now  a  considerable  quantity  of  raw  sewage  discharging  through 
it  into  the  River.  The  Commission  has  wrestled  with  this 
problem  for  more  than  three  years  and  has  brought  all  pos- 
sible pressure  to  bear  upon  City  authorities  to  provide  means 
for  diverting  this  sewage  from  the  Bronx  River.  The  problem 
is  a  serious  one,  there  being  no  trunk  sewer  in  Webster  Avenue 
nearer  than  Bedford  Park,  to  connect  with  which  would  neces- 
sitate laying  a  long  stretch  of  sewer  between  lands  of  the 
Woodlawn  Cemetery  and  the  Railroad,  property  not  benefited, 
so  that  the  assessment  upon  the  property  which  was  bene- 
fited would  have  been  prohibitive.  The  City  authorities,  there- 
fore, were  desirous  of  connecting  with  the  Bronx  Valley  trunk 
sewer  but  definite  arrangements  could  not  be  made  during  the 
pendency  of  the  action  brought  by  the  United  States  govern- 
ment and  by  the  New  York  City  interests  to  prevent  the  dis- 
charge of  raw  sewage,  through  the  Bronx  Valley  sewer,  into 
the  Hudson  River,  as  the  City  authorities  did  not  want  to 
divert  any  sewage  into  this  channel  while  they  were  at  the 
same  time  objecting  to  its  use  by  others. 

This  situation  was  responsible  for  considerable  delay  despite 
the  Commission's  urgent  protests.  The  Health  Depart- 
ment has  been  urged  from  time  to  time  to  assist  in  the  matter 
and  they  lent  their  best  efforts  towards  finding  a  solution. 
The  installation  of  purification  works  as  a  temporary  expe- 
dient was  discussed  and  finally  the  engineers  prepared  designs 
for  an  inverted  siphon  to  be  built  under  the  Bronx  River 
and  tracks  of  the  New  York  Central  and  New  York,  New 
Haven  and  Hartford  Railroad  Companies,  to  connect  the 
East  235th  Street  sewer  at  Webster  Avenue  with  a  small 
sewer  on  the  other  side  of  the  Bronx  Valley  running  south 
along  Bronx  Boulevard.    Investigations  showed  that  such 


33 


connection  could  be 
made  and  the  sani- 
tary sewage  from 
practically  all  of  the 
Woodlawn  Heights 
section  thus  diverted 
away  from  the 
Bronx  River.  The 
Bronx  Borough  en- 
gineers have  devel- 
oped this  plan  which 

UNSANITARY    CONDITION   OF   LANDS   BEFORE  jg     nOW     bcforC  thC 

ACQUIRING,  THE  BRONX  g^^^.^  Estimate 

and  Apportionment 

for  approval.  It  is  expected  that  their  approval  will  be  ob- 
tained at  an  early  date  and,  in  the  meantime,  the  Borough 
authorities  are  conducting  the  necessary  negotiations  with 
the  New  York  Central  and  New  York,  New  Haven  and  Hart- 
ford Railroad  Companies  for  the  easements  required  for  the 
location  of  the  siphon  across  their  lands. 

Many  more  violators  of  special  importance  might  be  cited 
but  sufficient  has  been  given  to  show  that  the  Bronx  River 
was  in  reality  rapidly  becoming  a  foul  sewer  and  that  measures 
for  its  protection  and  purification  were  adopted  none  too  soon. 

A  systematic  cleaning  of  the  River  throughout  its  length 
in  the  Parkway  Reservation  was  already  in  progress  at  the 
date  of  the  Commission's  last  report,  but  the  long  period  of 
dry  weather  during  the  late  summer  and  early  fall  of  1914, 
with  resulting  low  water  in  the  Bronx  River,  afforded  an  un- 
usual opportunity  for  thoroughly  cleaning  the  River  and 
removing  sunken  logs  and  other  debris  which  had  become 
partially  or  wholly  imbedded  in  the  River  bottom.  Debris 
in  infinite  variety  was  extracted  from  the  River's  depths. 
Buggies,  tea-kettles,  bicycles,  wagon  wheels,  boxes,  bedsprings, 
automobile  bodies,  wash  boilers,  stoves,  utensils  of  every 
description,  and  particularly  hot- water  heating  tanks,  were 
brought  forth  in  astonishing  numbers,  to  say  nothing  of  the 
sunken  trees  and  logs,  the  removal  of  which  required  strenu- 
ous efforts  with  heavy  equipment. 

Most  of  this  material  was  partially,  if  not  entirely,  buried 
in  the  mud  bottom  and  could  only  be  located  by  thoroughly 
forking  and  raking  the  stream.    Cleaning  the  River  in  this 

34 


DEBRIS  EXTRACTED  FROM  RIVER  BED 

Hundreds  of  zvagon  loads  were  hauled  away  and  buried 


manner  throughout  its  length  of  fifteen  miles  in  the  Reservation 
stirred  up  the  polluted  slime  and  mud  bottom,  saturated  with 
gaseous  oils  and  sewage  of  every  description,  and  much  of  this 
filth  was  flushed  off  with  subsequent  rains,  which  scoured  out 
to  a  considerable 
extent  the  slime  and 
sediment  formerly 
obstructed  by 
debris.  Following 
several  heavy  rains, 
with  good  scouring 
effect,  it  was  found, 
after  the  water  had 
subsided,  that  there 
were  still  many  ar- 
ticles not  discovered 
at  the  first  cleaning, 
buried  deeper  in  the 
mud  but  now  ex- 
posed.   The  River 


SEEN    AND    UNSEEN  OBSTRUCTIONS 
EMBEDDED    IN    RIVER  BOTTOM 


35 


was  therefore  raked  over  again 
and  still  again.  In  fact,  some 
sections  have  been  cleaned  on 
four  separate  occasions,  each 
operation  bringing  to  light  relics 
of  an  earlier  period  than  the  one 
before. 

The  material  taken  from  the 
River  was  piled  along  the  shore 
and  later  used  for  filHng  in  low 
spots  in  the  Reservation.  A 
typical  section  of  this  debris  is 


shown  in  an  accompanying 

WEEPING  WILLOW  photograph. 

As  a  result  of  all  this  work 
the  River,  particularly  above  the  East  235th  Street  sewer, 
affords  healthful  bathing  for  large  numbers  of  people.  The 
Commission  is  also  re-stocking  the  River  with  fish,  a  hatch  of 
1,000,000  perch  having  been  obtained  from  the  New  York 
Aquarium  through  the  courtesy  of  the  New  York  Zoological 
Society. 


FORMAL  GARDENS,  HARTSDALE 

Developed  by  private  interests  and  deeded  to  the  Commission 

36 


RECLAMATION  AND  IMPROVEMENT  WORK 


With  the  hmited  funds  at  its  disposal  for  maintenance  and 
improvement  work  during  the  past  two  years  the  Commis- 
sion, in  addition  to  cleaning  up  the  River,  continued  its  for- 
estry work,  greatly  enlarging  its  nursery,  and  using  its  avail- 
able resources  in  restoring  the  Parkway  lands  to  a  wholesome, 
natural  condition.  These  efforts  have  been  conspicuously 
successful  and  have  resulted  in  a  very  marked  improvement 
throughout  nearly  all  the  Reservation.  In  some  sections  noth- 
ing could  be  done  owing  to  the  unwillingness  of  owners  to  allow 
the  removal  of  billboards,  or  the  cleaning  up  of  their  properties, 
until  the  lands  had  been  fully  acquired  and  paid  for,  but  such 
cases  have  been  rare,  and  those  who  have  observed  the  con- 
dition of  the  Reservation  for  some  years  past  have  commented 
most  favorably  upon  the  marked  improvement  shown. 

No  effort  has  been  made  to  formally  improve  any  section 
of  the  Reservation.  At  Hartsdale  and  Scarsdale  Stations 
charming  parks  were  developed  by  real  estate  interests  before 
the  lands  were  turned  over  to  the  Commission  and  these  have 
been  maintained,  but  the  Commission's  own  work  has  been 


NATUR.\L  PARK,  SCARSDALE 

37 


directed  toward  grading,  improving  soil  conditions,  encourag- 
ing the  healthy  and  symmetrical  development  of  trees  and 
other  plant  growth,  grading  and  filling  low  spots  and  unsani- 
tary pools,  removing  unsightly  debris,  brush,  dead  trees,  etc., 
and  particularly  breaking  down  old  foundations,  disposing 
of  materials,  and  covering  the  sites  of  old  buildings  with  soil 
covering  adequate  to  support  plant  growth. 

To  obtain  proper  conditions  around  old  building  sites  was 
a  work  of  considerable  magnitude  as  will  be  appreciated  when 
it  is  recalled  that  approximately  275  buildings  have  been 
removed  from  the  Reservation.  In  each  case  the  foundation 
walls  and  cement  floors  had  to  be  broken  up  and  removed  to 
a  depth  considerably  below  the  finished  grade  in  order  to 
insure  good  soil  conditions. 

Forestry 

The  forestry  work  has  been  continued  since  the  last  report 
with  a  slightly  larger  force  than  formerly.  This  work  has 
now  covered  the  entire  Reservation  with  the  exception  of  a 
few  tracts,  the  owners  of  which  were  unwilling  to  allow  the 
Commission's  foresters  to  trim  and  prune  until  the  lands  had 


EVERGREEN   NURSERY,  FIRST-YEAR  PLANTING 

38 


been  acquired,  and  also  with  the  exception  of  that  portion  of 
the  Reservation  between  Hopkins  Avenue,  White  Plains,  and 
Valhalla.    The  tree  work  in  this  latter  section  will  be  com- 
pleted during  the  next  few  months.    Since  the  last  report 
14,959  trees  have  been  trimmed. 
4,183  trees  have  been  treated. 

2,211  dead  or  infected  trees  have  been  removed  from 
the  Reservation,  and  there  are  now 
56,485  trees  and  shrubs  in  the  nurser}^  ready  for  trans- 
planting in  the  Reservation. 
The  Commission's  tree-trimming  and  surgical  work  has 
been  unusually  well  done  and  has  stimulated  owners  of  wooded 
tracts  along  and  in  the  vicinity  of  the  Reservation  to  care  for 
and  protect  their  trees.    The  permanent  filling  of  large  cavi- 
ties, deferred  until  it  could  be  determined  whether  all  of  the 
infected  area  had  been  removed,  has  been  taken  up  this  season 
and  at  this  writing  has  been  done  throughout  the  New  York 
City  section  from  Bronx  Park  to  the  New  York  City  line. 

The  methods  followed  in  caring  for  the  forest  growi:h  in 
the  Reservation,  including  the  protection  of  areas  infested 
by  insect  enemies,  have  been  interestingly  detailed  in  the 
report  of  the  Consulting  Landscape  Architect  and  Forester 
appended  hereto. 

Nursery 

The  nurser>^  established  during  the  early  part  of  1914,  was 
a  demonstrated  success  as  to  location  and  soil  and  it  has 
therefore  been  greatly  enlarged  and  a  ver\'  considerable  amount 
of  new  stock  planted.  Many  thousands  of  additional  cuttings, 
obtained  through  the  courtesy  of  the  Forester  of  the  New 
York  Zoological  Park,  have  been  set  out  and  in  a  short  time 
will  be  available  for  transplanting  in  the  Reservation.  The 
last  inventor}^  shows  56,485  trees  and  shrubs  in  the  nursery. 
Most  of  this  stock  will  be  available  next  spring  for  needed 
screening  and  planting  of  denuded  areas  and  those  sections 
will  be  planted  first  where  hea\^'  screening  is  most  necessary. 

The  New  York  Zoological  Park  has  also  made  it  possible 
to  obtain  fertilizer  in  large  quantities  without  cost  except 
for  carting  from  manure  pits  in  the  Park.  This  material 
is  stored  at  fixed  points  throughout  the  Reservation,  where 
it  vnW  be  cured  and  ready  for  use  in  connection  with  planting 
work  next  spring. 

39 


River  Diversions 
An  important  River  diversion  in  the  vicinity  of  North 
White  Plains  has  been  completed  during  the  past  year  with- 
out expense  to  the  Commission.  The  Railroad  Company 
found  it  necessary  to  slightly  divert  the  River  to  make  room 
for  widening  their  embankment  and,  in  acquiring  the  adjacent 
tract,  had  secured  the  right  to  relocate  the  River  in  a  new 
channel  to  be  excavated  by  them,  one-half  upon  railroad 
lands  and  one-half  upon  the  adjoining  tract  in  the  Reserva- 
tion but  not  yet  acquired  by  the  Commission.  In  negotiating 
for  this  adjoining  parcel  the  Commission  secured  from  the 
Railroad  Company  the  right  to  divert  the  River  still  further 
away  from  the  rock-filled  embankment;  the  Railroad  Com- 
pany to  apply  to  the  cost  of  such  diversion  the  estimated  cost 
of  the  diversion  originally  proposed  by  it,  amounting  to 
$2,400,  and  the  new  diversion  to  be  made  by  the  Commission. 

The  topography  of  this  section  was  particularly  rough  and 
difficult  to  develop  satisfactorily.  An  old  quarry  pit  of 
nearly  thirty  feet  in  depth  and  about  one  hundred  feet  in 
diameter  remained  from  former  lime  kiln  operations  and  a 
part  of  the  property  was  covered  by  a  swamp  which  required 
drainage.  By  diverting  the  River  through  the  old  quarry 
pit,  a  picturesque  feature  was  developed  and,  by  continuing 
the  diversion  through  the  swamp,  drainage  was  provided  and 
an  opportunity  afforded  to  ultimately  develop  a  small  lake. 
Upon  completion  it  was  found  that  the  cost  of  the  entire  work 
was  within  the  amount  appropriated  by  the  Railroad  Company 
so  that  a  considerable  improvement  has  been  made  without 
expense  to  the  Commission  other  than  for  engineering  ser- 
vices and  inspection. 

Similar  diversions  will  be  required  at  a  number  of  points 
in  the  Reservation,  such  as  opposite  the  new  White  Plains 
Railroad  Station,  where  the  railroad  embankment  slopes 
directly  to  the  River,  requiring  radical  relocation  in  order  to 
provide  room  for  planting  the  River  banks  as  well  as  to  screen 
barren  railroad  slopes. 

The  large  spoil  bank,  left  by  the  Bronx  Valley  Sewer  con- 
tractors, above  Scarsdale  Station,  was  removed  by  contract 
and  part  of  the  material  used  to  fill  up  a  stagnant  pool  in  the 
vicinity.    A  very  favorable  bid  was  obtained  for  this  work. 

40 


River  diversion  at  Xorth  White  Plains,  cost  of  zvhich  zvas  paid  by  Railroad  Company 


RIVER   DIVERTED   THROUGH   OLD   QUARRY  PIT 


SPOIL  BANK  LEFT  BY  BRONX  \  ALLEY  SEWER 


Removal  of  Buildings 
Of  the  355  re- 
sidential, business 
and  maniifacturing 
buildings,  including 
stables,  etc.,  in  the 
Parkway  Reserva- 
tion, approximately 
275  have  either  been 
demolished  or  re- 
moved from  Park- 
way lands.  Others 
are   in   process  of 

removal  and  still  others  will  be  sold  for  demolition  or  removal 
as  soon  as  pending  contracts  are  closed.  Excepting  in  those 
few  cases  where  buildings,  owing  to  their  situation  and  char- 
acter, can  be  used  in  connection  with  Parkway  development 
for  temporary  field  headquarters,  storage  of  tools,  instru- 
ments, etc.,  the  Commission  arranges  to  dispose  of  them  as 
soon  as  possible  after  title  is  vested. 

Buildings  are  sold  under  sealed  bids  to  the  highest  bidder 
after  having  been  advertised  ten  to  fifteen  days  in  advance 
of  the  sale.  Printed  notices  are  also  mailed  to  all  persons, 
or  corporations,  who  have  filed  their  names  in  the  office  of 
the  Commission  for  this  purpose.  All  buildings  are  sold 
subject  to  the  rules  and  regulations  adopted  by  the  Commis- 
sion. Nine  building  sales  have  been  held  during  the  past  two 
years  at  which  were 
received  a  total  of 
774  bids  from  250 
separate  bidders. 

Buildings,  for 
which  no  satisfac- 
tory bids  were  re- 
ceived, were  subse- 
quently sold  after 
informal  bidding 
to  avoid  the  cost  of 
re-advertising.  The 
method  of  selling 
buildings  by  sealed 

bids   in   preference  removed  and  river  bank  graded 


42 


to  public  auction  tends  to  prevent  collusion  among  bidders 
and,  in  nearly  all  cases,  results  in  higher  prices  being  obtained 
and  in  a  considerable  variation  in  the  bidding,  for  the  reason 
that  those  who  desire  to  obtain  particular  houses  are  con- 
strained to  bid  more  nearly  what  they  are  worth  to  them 
than  they  might  do  in  an  open  auction.  To  illustrate  the 
variation  in  bidding,  an  example  is  taken  from  the  sale  held 
on  June  5,  1916,  as  follows: 


Dwelling  House  on  Sheet  i — Parcel  13 

Bid  No.  I  $  25.00 

Bid  No.  2   25.00 

Bid  No.  3   150.00 

Bid  No.  4   426.00 

Bid  No.  5   1,030.00 

Bid  No.  6   1,025.00 

Bid  No.  7   1,200.00 

Bid  No.  8   1,104.00 

Bid  No.  9   1,135.00 

Bid  No.  10   1,513.00 

It  will  be  observed  that  the  highest  bid  of  $1,513  is  more 
than  sixty  times  as  much  as  the  low  bid  of  $25.  In  such  cases 
the  high  bidder  is  usually  an  owner  of  property  in  close  prox- 
imity to  whom  the  building  will  be  particularly  valuable. 

The  Commission  has  received  to  date  from  sales  of  build- 
ings $41,782.04  and  has  expended  for  advertising  a  little  over 
8  per  cent,  of  this  amount.  There  has  been  collected  in 
rentals  from  buildings  acquired,  and  prior  to  their  removal 
or  demolition,  $21,986.62;  the  loss  sustained  from  uncol- 
lected rents  being  less  than  3  per  cent. 

The  Commission  also  arranged  with  City  authorities  to 
sell  for  immediate  removal  the  buildings  acquired  by  the 
City  situated  in  the  bed  of  Bronx  Boulevard  between  Gun 
Hill  Road  and  East  233rd  Street.  These  buildings  were 
unsightly  and  in  a  dilapidated  condition  and  were  earning 
very  little  revenue  in  rentals.    Upon  their  removal  the  Com- 

43 


ITALIAN  SHACKS — BRONX  STREET,  WHITE  PLAINS 

mission  filled  and  graded  the  cellar  excavations.  The  removal 
of  these  structures  greatly  improved  appearances  along  Bronx 
Boulevard. 

Buildings  of  a  ramshackle  character,  or  for  other  reasons 
unfit  to  be  removed  to  lands  along  or  near  the  Parkway, 
were  sold  for  demolition  only  and,  in  a  number  of  cases,  those 
more  substantial  but  not  desirable  in  the  immediate  Park- 
way environment  were  sold  for  removal  not  less  than  300 
feet  from  the  park  limits.  In  all  cases,  careful  supervision 
was  required  to  secure  compliance  with  the  Commission's 
regulations  and  the  Commission  was  successful  in  preventing 
the  destruction,  or  defacement,  of  trees  in  the  vicinity  of  the 
buildings  removed. 


ITALIAN  SHACKS  REMOVED  AND  LANDS  USED  FOR  PLAYFIELD 

44 


BEFORE 

Scivagc  from  ilicsc  buildings  drained  into  Bronx  A'livr 

Filling  and  Grading 

A  large  amount  of  grading  work  has  been  done  in  connec- 
tion with  filling  up  excavations  and  leveling  off  building  sites 
after  removal  of  structures  and  clearing  of  premises.  Low 
spots  in  the  Reservation  where  unsanitary  conditions  ob- 
tained, have  also  been  promptly  filled  as  the  best  means 
of  abating  local  nuisances.  In  addition,  active  grading  oper- 
ations are  in  progress  at  White  Plains  and  Williamsbridge, 
and  preparations  are  complete  for  beginning  grading  work 
along  Swain  Street,  Yonkers,  and  Pondfield  Road,  Bronxville. 


AFTER 

Pollution  corrected,  lands  ready  for  preliminary  pari:  treatment 
45 


At  White  Plains  the  lands  north  of  Hopkins  Avenue  were 
in  a  most  deplorable  condition.  Acres  of  low  land  in  this 
part  of  the  Reservation  had  been  used  for  a  dump  for  several 
years  and  it  was  necessary  to  excavate  a  mass  of  garbage 
from  all  areas  to  be  planted.  This  material,  in  an  incomplete 
state  of  decay,  was  removed  to  a  depth  of  at  least  three  feet, 
wherever  planting  of  trees  was  contemplated,  and  removed  to 
those  portions  of  the  Reservation  where  it  could  be  covered 
by  a  considerable  depth  of  soil  when  ultimate  plans  are  carried 
out.  In  one  case  a  hill,  ten  or  twelve  feet  high,  was  formed 
and  this  offensive  material  is  now  well  covered. 

Good  soil  was  conveniently  obtainable  from  excavation 
for  a  lake  planned  for  this  section  and  the  entire  area  has 
been  covered  with  this  material  and  planting  excavations 
filled  to  their  required  levels.  Upon  completion  this  section, 
formerly  so  offensive,  was  immediately  occupied  in  part  by 
a  baseball  field  and  playground  established  by  the  City  of 
White  Plains,  directly  over  the  former  garbage  dump. 

Great  quantities  of  stone  taken  from  building  foundations, 
or  picked  up  on  Parkway  lands,  have  been  stored  in  con- 
venient piles  for  use  in  road  and  path  foundations.  The 
material  so  conserved  will  substantially  decrease  the  cost 
of  the  road  construction  work  to  be  carried  out  next  year. 

Additional  filling  material  is  needed  in  many  sections  of 
the  Reservation,  particularly  in  the  Bronx  where  the  devel- 
opment plans  call  for  large  quantities  of  soil  or  other  exca- 
vated material  for  fill.  Fortunately  top  soil  is  usually  avail- 
able from  the  alluvial  lands  along  the  River  and  will  be  con- 
served for  finished  grading  and  planting  work.  Advantage 
has  been  taken  of  excavated  materials  available  from  con- 
tractors who  sought  dumping  privileges  in  the  Parkway,  but 
the  amount  of  such  material  obtained  has  been  disappoint- 
ingly small.  In  the  Bronx  the  building  movement,  which  it 
was  expected  would  be  developed  in  considerable  proportions 
in  anticipation  of  the  completion  of  the  Subway,  has  not 
materialized,  but  some  fill  has  been  obtained  and  the  Com- 
mission's willingness  to  grant  dumping  privileges  has  been 
made  known,  so  that  with  another  season  it  is  hoped  to  secure 
a  much  greater  amount  of  soil  to  meet  the  requirements  of 
the  development  plans. 

Final  grading  of  the  section  between  Bronx  Park  and  Gun 
Hill  Road,  initiated  early  this  spring,  is  still  in  progress  and, 

46 


BUILDING  REMOVED — GRADING  UNDER  WAV 


if  the  required  amount  of  fill  can  be  obtained  from  outside 
sources,  it  is  expected  that  the  landscape  grading,  including 
laying  of  path  foundations,  as  well  as  for  that  portion  of  the 
parked  drive,  will  be  completed  this  season. 

Viaducts  and  Bridges 

Negotiations  have  been  continued  during  the  past  two 
years  to  obtain  a  better  class  of  structures  in,  and  in  the 
vicinity  of,  the  Reservation.  At  the  date  of  the  last  report 
progress  had  been  made  toward  changing  plans  for  the  viaduct 
over  the  Bronx  River  and  the  New  York  Central  and  New 
Haven  Railroad  tracks,  connecting  Wakefield  Avenue  in  the 
City  of  Yonkers  with  East  241st  Street  in  the  Borough  of  The 
Bronx;  for  viaduct  over  the  Bronx  River  and  the  Harlem 
Railroad  tracks  connecting  Vermont  Avenue  in  the  City  of 
Yonkers  with  Broad  Street  in  the  City  of  Mount  Vernon; 
and  for  a  viaduct  at  White  Plains  across  the  railroad  tracks 
and  the  Bronx  River  in  the  vicinity  of  Woodland  Place,  to 
be  erected  as  substitute  for  proposed  viaduct  at  Tibbits  Ave- 
nue. For  all  of  these  structures  the  Commission  urged 
a  modification  of  plans  to  provide  for  permanent  arched 
bridges  of  reinforced  concrete  and  of  design  which  would  be 
in  harmony  with  Parkway  development.  In  each  case  con- 
sideration of  first  cost  has  urged  less  permanent  structures 
of  steel  construction  which,  however,  would  involve  higher 
maintenance  cost,  so  that  taken  over  a  period  of  years,  the 
permanent  structures  would  be  economically  superior.  Nego- 
tiations for  the  modification  of  these  plans  have,  owing  to  the 
various  interests  involved,  been  tedious  and  slow.  The  Com- 
mission appreciates,  however,  the  spirit  of  hearty  co-operation 
on  the  part  of  the  various  municipal  officials  and  the  New 
York  Central  Railroad  Company,  and  the  cordial  efforts  they 
have  made  to  arrive  at  a  solution  satisfactory  to  all  parties 
concerned.  As  a  result  of  these  co-operative  efforts  an  agree- 
ment has  been  reached  providing  for  an  entire  change  of  the 
design  of  the  Broad  Street-Vermont  Avenue  viaduct;  the 
Commission's  plan  having  been  accepted  by  officials  of  the 
Cities  of  Mount  Vernon  and  Yonkers,  and  by  the  New  York 
Central  Railroad  Company.  This  plan  has  been  presented 
to  the  Public  Service  Commission,  Second  District,  approved 
by  it,  and  contracts,  specifications,  and  contract  drawings 


48 


ORIGINAL  DESIGN  FOR  BRIDGE  OVER  PARKWAY  AT  WHITE  PLAINS 


have  been  prepared  for  the  Commission.  Contract  for  the 
construction  of  the  viaduct  will  be  let  early  in  1917. 

In  the  case  of  the  Wakefield,  or  East  241st  Street  viaduct, 
the  Public  Service  Commission,  First  District,  has  been  pre- 
vailed upon  to  modify  its  previous  orders  to  such  an  extent 
that  a  concrete  structure  may,  under  certain  conditions,  be 
built  in  place  of  the  steel  structure  originally  ordered.  The 
Commission  is  now,  with  a  reasonable  prospect  of  success, 
attempting  to  meet  these  conditions. 

At  White  Plains  a  definite  proposal  for  the  construction 
of  the  Woodland  Place  viaduct  has  been  placed  before  the 
City  Council  and  adopted  and  the  New  York  Central  Rail- 
road Company  has  also  informally  approved  it.  The  plan 
approved  as  a  part  of  this  proposal  will  provide  for  a  per- 
manent structure,  beautiful  and  of  ample  width  for  Parkway 
and  local  traffic  needs,  in  place  of  the  proposed  viaduct  which 
was  to  be  built  with  roadway  16  feet  wide  and  a  long  9  per 
cent,  grade  on  the  westerly  approach. 

A  design  for  a  bridge  to  be  constructed  within  the  Park- 
way Reservation  in  connection  with  the  extension  of  Hamilton 
Avenue  in  the  City  of  White  Plains  was  furnished  to  the  City 
authorities  by  the  Commission  and  adopted  by  them. 

Plans  of  the  County  of  Westchester  for  a  highway  bridge 
through  the  Bronx  River  Parkway  Reservation,  crossing  the 
Bronx  River  at  Tuckahoe,  were  submitted  to  the  Commission 
for  suggestions  as  to  architectural  treatment  which  would 
harmonize  with  the  Parkway  development,  and  a  design  has 
been  furnished. 

At  Gun  Hill  Road  the  Commission  advocated  and  strongly 
urged  a  modification  of  established  profiles  to  provide  for 
separation  of  grades  at  the  intersection  of  Bronx  Boulevard 
and  Gun  Hill  Road,  by  raising  the  latter  and  lowering  Bronx 
Boulevard  to  pass  under  Gun  Hill  Road.  The  amount  of 
heavy  traffic  now  passing  Gun  Hill  Road  is  considerable  and 
will  steadily  increase  in  volume.  This  is  the  only  thorough- 
fare for  unrestricted  traffic  crossing  the  railroad  tracks  be- 
tween Bedford  Park  Boulevard  and  East  233rd  Street,  a  dis- 
tance of  slightly  more  than  two  miles.  A  double  track  sur- 
face car  line  and  the  3rd  Avenue  elevated  extension  will  cross 
on  Gun  Hill  Road.    On  the  other  hand  Bronx  Boulevard, 


50 


ENTRANCE   INTO   THE   HEMLOCK  FOREST 


FRONT    STREET,  BRONXVILLE 


when  the  Parkway  drive  system  is  completed,  will  carry  a 
very  heavy  volume  of  automobile  traffic  which,  if  required 
to  cross  Gun  Hill  Road  at  grade,  would  undoubtedly  create 
serious  congestion  and  interference  with  both  lines  of  traffic. 
The  separation  of  grades  has  been  approved  by  the  Board 
of  Estimate  and  Apportionment  of  the  City  of  New  York, 
and  plans  for  the  improvement  drawn  accordingly. 

Plans  for  the  improvement  of  Gun  Hill  Road,  including 
bridges  over  the  Bronx  River  and  Bronx  Boulevard,  were 
prepared  in  the  office  of  the  engineers  of  the  Borough  of  The 
Bronx  and  submitted  to  the  Commission  for  suggestions  as 
to  ornamentation  or  surface  treatment.  Architects  employed 
by  the  Commission  submitted  plans  for  reconstruction  of  this 
bridge  in  harmony  with  the  Parkway  development,  which 
were  adopted  by  the  Bronx  Borough  authorities. 

Negotiations  looking  toward  the  development  of  the  Bronx 
Boulevard,  adjoining  the  Parkway  Reservation,  between 
Bronx  Park  and  East  233rd  Street,  or  Woodlawn  Road,  have 
been  pending  for  some  time  with  Bronx  Borough  and  New 
York  City  authorities.  The  plan  most  favorably  considered 
provides  for  the  City  developing  a  street  along  the  easterly 
line  of  the  Boulevard,  north  of  Gun  Hill  Road,  to  serve  abut- 
ting lands  of  private  owners,  and  turning  over  to  the  Com- 
mission for  development  the  remaining  width  of  60  feet, 
which  will  be  merged  with  the  Parkway  Reservation,  pro- 
viding location  for  the  parked  drive. 

The  adoption  of  this  plan  by  the  several  boards  and  offi- 
cials of  the  City  having  jurisdiction  is  being  urged  and  every 
effort  will  be  made  to  remove  the  legal  obstacles  so  that  the 
general  improvement  of  the  Boulevard  and  adjacent  Park- 
way lands,  including  the  grading  of  this  section  of  the  Park- 
way drive,  can  be  finished  as  early  in  1917  as  weather  con- 
ditions will  permit. 

In  its  endeavors  to  work  out  the  best  plan  for  all  con- 
cerned, the  Commission  has  particularly  appreciated  the 
effective  co-operation  of  Borough  President  Alathewson,  his 
engineers,  and  department  officials  of  the  Borough  of  The 
Bronx,  without  which  the  best  results  could  not  have  been 
obtained. 


51 


Billboards 

Incessant  warfare  has  been  waged  against  advertising  bill- 
boards, with  the  result  that  all  but  a  few  have  been  removed 
from  the  Reservation.  Those  remaining  are  upon  lands 
which  the  Commission  has  been  unable  to  acquire,  but  the 
public,  which  has  suffered  long  from  these  blatant  desecrations 
of  the  landscape,  may  rest  assured  that  none  of  these  parcels 
will  be  paid  for  until  the  signs  thereon  have  been  demolished. 

The  fact  that  the  greater  portion  of  the  billboards  still 
standing  are  upon  lands  of  the  New  York  Central  Railroad 
Company  has  caused  much  surprise  and  considerable  un- 
favorable comment.  The  Commission,  itself,  has  been  greatly 
disappointed  because  of  its  inability  to  persuade  the  railway 
officials  to  banish  these  nuisances,  which  are  so  placed  as  to 
obstruct  the  view,  from  passing  trains,  of  extensive  sections 
of  the  Parkway.  Even  with  the  present  day  demands  for 
economies  in  railroad  management  and  the  development  of 
new  sources  of  revenue,  the  paltry  sums  received  as  rentals 
from  the  outdoor  advertising  companies  scarcely  justify  the 
maintenance  of  nuisances  so  obnoxious  and  so  aggravating  to 
the  traveling  public. 

In  some  few  cases  billboards  have  been  erected,  facing  the 
Parkway,  on  private  lands  in  the  vicinity.  To  screen  such 
signs,  and  to  protect  the  Parkway  from  such  environment,  the 
Commission  has  planted  rows  of  poplars  in  the  Reservation, 
whose  rapid  growth  should  speedily  obstruct  the  view  from 
Parkway  lands  of  these  offensive  nuisances. 

Improvement  Program 

The  Commission  is  substantially  increasing  its  outdoor 
working  forces  and  will  be  able  to  complete  considerable  im- 
provement work  before  the  end  of  the  season. 

The  work  in  progress  at  Williamsbridge,  White  Plains  and 
Bronxville  will  be  continued  throughout  the  season  and,  if 
construction  funds  requested  for  the  current  year  are  made 
available,  additional  work  will  be  initiated  at  intervening 
points.  This  will  include  grading  and  filling  to  sub-grade  for 
the  Parkway  drive  between  Crane  Road,  Scarsdale,  and  Wood- 
land Place,  White  Plains. 

The  Commission  has  obtained  a  small  excavator  or  dredg- 
ing machine  for  deepening  the  existing  River  channel,  or  for 
excavating  new  diversion  channels,  and  this  is  now  being 

52 


erected.  The  machine  is  of  special  design,  adapted  to  the 
peculiar  requirements  of  the  situation  and  capable  of  being 
operated  under  the  overhanging  tree  growth  without  destroy- 
ing natural  features  along  the  River's  banks.  It  contains 
many  novel  features  and,  being  the  first  machine  of  its  kind 
built  for  commercial  uses,  it  has  been  ordered  under  a  guar- 
antee from  the  manufacturers,  requiring  payment  only  in  the 
event  that  its  successful  operation  is  demonstrated. 

Removal  of  New  York  Office 

With  the  condemnation  proceedings  in  progress  and  active 
construction  work  initiated  a  general  rearrangement  of  offices 
and  enlargement  of  space  became  imperative  in  the  spring  of 
1916.  Hearing  rooms  for  condemnation  commissioners  were 
required  both  in  New  York  City  and  Westchester  County, 
together  with  additional  space  for  the  Law  Department  in 
New  York.  No  less  important  was  it  to  secure  accommoda- 
tions for  the  Engineering  and  Accounting  Departments  on 
the  Reservation  for  the  more  convenient  and  efficient  admin- 
istration of  construction,  maintenance  and  engineering  work. 
To  meet  these  requirements  the  New  York  offices,  to  be  used 
for  the  most  part  hereafter  by  the  Law  Department  and  con- 
demnation commissioners,  were  removed  from  No.  100  Broad- 
way to  No.  280  Madison  Avenue,  corner  40th  Street,  a  loca- 
tion near  the  Grand  Central  Station  and  more  accessible  to 
attorneys,  claimants,  witnesses  and  others  attending  pro- 
ceedings from  the  Bronx  and  Westchester  Counties,  as  well 
as  from  the  Parkway  Reservation. 

Permanent  Headquarters 

General  headquarters  for  the  Engineering  and  Accounting 
Departments,  and  for  the  administration  of  construction  and 
maintenance  work,  were  established  on  the  Reservation  at 
Bronxville  in  a  large  stone  mill  building  formerly  owned  by 
the  Ward  Leonard  Electric  Company.  This  building,  once 
known  as  "  Swain's  Mill,"  was  built  many  years  ago  in  con- 
nection with  a  small  water-power  development  by  which  the 
mill  was  operated.  It  is  of  most  substantial  character,  with 
thick,  stone,  vine-covered  walls  and,  with  but  little  exterior 
alterations  and  the  installation  of  necessary  fixtures  and  office 
equipment,  will  afford  ample  facilities.    There  are  large  and 

54 


well-lighted  offices  and  drafting  rooms,  spaces  for  the  storage 
of  tools,  materials  and  supplies,  a  garage  and  accommodations 
for  a  small  machine  shop.  The  top  floor  is  being  fitted  up  for 
a  museum  and  place  of  deposit  for  the  Commission's  records. 

Previous  to  this  a  central  receiving  station  and  warehouse 
had  been  established  in  a  building  purchased  from  the  Scars- 
dale  Supply  Company  above  Scarsdale.  This  building  has 
been  equipped  with  room  for  the  storage  of  tools  and  supplies, 
gasoline  engine,  shafting,  and  pulleys  drills,  emery  wheels, 
grindstone,  forge,  anvils,  etc.,  required  for  the  sharpening  of 
tools  and  making  minor  repairs.  It  will  be  used  during  the 
construction  period  and  is  in  charge  of  a  repair  man,  who  acts 
as  storekeeper  and  resides  on  the  premises,  keeping  general 
oversight  of  that  section  of  the  Parkway. 

At  Williamsbridge  a  substantial  residence  building  on  one 
of  the  parcels  acquired  will  be  retained  for  storage  purposes 
and  as  field  headquarters  during  construction  in  that  section. 

Surveys  and  Plans 
Since  the  date  of  the  last  report  a  re-survey  of  each  separate 
parcel  in  the  Reservation  has  been  made  and  checked  and 
maps  have  been  revised.    These  maps,  consisting  of  thirty 
sheets,  have  been  divided  into  six  sections,  as  follows: 

Section  1 — Sheets   1  to  4,  inclusive. 

Section  2 — Sheets  5  to  9,  inclusive. 

Section  3 — Sheets  10  to  13,  inclusive. 

Section  4 — Sheets  14  to  17,  inclusive. 

Section  5 — Sheets  18  to  24,  inclusive. 

Section  6 — Sheets  25  to  30,  inclusive. 


56 


GARBAGE  DUMP  IN  FOREGROUND — ITALIAN   SHACKS   IN  BACKGROUND 


FROM    SAME  VIEW-POINT 

Garbage  dump  covered  and  graded;  Italian  shacks  removed 


TWO   VIEWS   IN   THE  BRONX   RIVER   PARKWAY  RESERVATION 


upon  completion  of  revision  of  all  sheets  in  any  given 
section,  copies  of  such  sheets  were  certified  and  filed  in  the 
offices  of  the  Registers  of  the  Counties  of  New  York,  The 
Bronx  and  Westchester.  Copies  of  sheets  comprising  Sections 
1  to  6,  inclusive,  were  filed  simultaneously  in  the  said  Registers' 
offices  of  the  Counties  of  New  York,  The  Bronx  and  West- 
chester on  the  following  dates : 

Section  1— March  3,  1915. 

Section  2— April  21,  1916. 

Section  3 — January  14,  1915. 

Section  4 — November  16,  1914. 

Section  5— October  24,  1914. 

Section  6— October  5,  1914. 
The  standard  maps,  as  filed,  were  drawn  to  scale  of  1"= 
100'.  Lithograph  copies  were  then  obtained,  reduced  to 
scale  of  r'=200'  and  these  copies  are  available  for  the  use 
of  property  owners,  or  their  representatives,  and  may  be  ob- 
tained upon  payment  of  $0.10  per  sheet  to  cover  cost  of 
printing. 

Topographical  Survey 
Since  the  completion  and  filing  of  the  revised  property 
maps,  the  work  of  the  topographical  survey  has  been  con- 
tinued with  an  increased  force.    A  very  precise  and  detailed 
survey  is  being  made  and  plotted  showing  contours  at  one 
foot  intervals,  location  of  all  trees  and  other  physical  features, 
in  order  to  provide  a  dependable  record  in  accurate  detail  for 
the  preparation  of  general  development  plans  as  well  as  grading 
and  planting  details.    1,044  acres  have  been  surveyed  to  the 
date  of  this  report, 
of  which  843  acres 
have  been  mapped 
to  scale  of  1"=20'. 

Hydrographica' 
Surveys 

During  the  year 
stream  -  flow  meas- 
urements and  gauge- 
height  records  have 
been  taken  at  fre- 
quent intervals. 

Gauges  have  been        improvkment  contiguous  to  the  parkway 


59 


THE  RIVER  FLOWING  UNDER  A  CANOPY  OF  TREES 


IN  THE  OPEN 


set  from  Bronx  Park  to  Valhalla  and  slope  of  stream  at  dif- 
ferent stages  of  the  River  plotted.  The  volume  of  flow  has 
been  determined  by  current  meter  gauge,  particular  care 
being  exercised  to  obtain  records  indicating  the  minimum  and 
maximum  flow. 

Physical  Map 

The  Commission  has  recently  completed  the  preparation 
of  a  physical  map,  showing  the  general  location  of  the  Park- 
way, its  connecting  parks  and  parkways  in  the  Borough  of  The 
Bronx,  and  the  Reservoir  lands  and  lakes  northerly  from  Ken- 
sico  Dam.  This  map  includes  territory  northerly  from  the 
Harlem  River,  including  both  sides  of  the  Hudson  and  extend- 
ing easterly  almost  to  Long  Island  Sound.  The  lands  and 
territory  covered  by  the  jurisdiction  of  the  Interstate  Palisades 
Park  Commission  are  shown,  together  with  their  relation  to  the 
Bronx  River  Parkway  and  its  connecting  parks  and  watershed 
lands.  If  this  map  shall  serve  to  stimulate  constructive  inter- 
est in  the  vast  areas  available  for  park  purposes,  extending 
northerly  from  the  upper  end  of  the  Parkway  Reservation, 
and  in  addition  assist  in  acquainting  the  public  with  the 
immense  tracts  of  land  already  acquired  by  the  Interstate 
Pal  sades  Park  Commission  on  the  west  side  of  the  Hudson, 
its  chief  purpose  will  have  been  accomplished. 

This  physical  map  has  been  reduced  and  lithograph  copies 
have  been  obtained  to  accompany  this  report. 

Reservation  Map 

A  new  Reserva- 
tion map,  showing 
in  more  detail  and 
to  a  more  accurate 
scale  the  limits  of 
the  Reservation, 
with  the  adjacent 
streets  and  impor- 
tant connections, 
has  also  been  pre- 
pared and  litho- 
graphed to  accom- 
pany this  report. 


AFTER    PRELIMINARY  CLEAN-UP 


AS  IT  WAS — WHITE  PLAINS 


Maintenance  of  Park  Lands 

Until  all  of  the  lands  had  been  acquired  and  made  available 
for  park  use  the  Commission  desired  to  avoid  any  substantial 
expenditure  for  maintenance.  It  has  endeavored  to  keep 
the  lands  in  the  Reservation  in  clean  and  orderly  condition, 
but  without  any  attempt  at  close  cutting  of  lawns  or  open 
spaces.  In  the  rich  bottom  lands,  where  the  growth  is  rapid, 
the  weeds  have  been  cut  from  one  to  three  times  each  season, 
as  was  required  to  meet  the  necessities  of  the  case,  and  in 
some  sections  where  generally  used,  and  particularly  in  the 


SAME  VIEW 

Buildings  removed,  ready  for  final  grading 

63 


TEMPORARY   BASEBALL  FIELDS 


park  spaces  around  railroad  stations,  the  lands  have  been 
kept  in  neat  condition.  With  substantial  completion  of 
grading,  planting  and  other  improvements,  a  larger  main- 
tenance force  will  be  required  but,  during  the  period  of  acquisi- 
tion and  construction,  the  Parkway  will  be  no  less  available  for 
pleasure  and  enjoyment  because  of  economy  in  maintenance. 

In  all  sections  the  Bronx  Valley  is  showing  the  effects 
of  the  Commission's  efforts.  From  Williamsbridge  to  Wake- 
field, with  the  exception  of  one  tract  north  of  East  213th 
Street,  title  to  which  has  not  yet  been  vested  in  the  Commis- 
sion, and  the  advertising  billboards  on  railroad  property  which 
the  operating  officials  have  so  far  declined  to  remove,  the 


OUT-DOOR  SPORTS  IN  PARKWAY 

64 


land  has  been  restored  to  an  almost  normal  condition.  From 
West  Mount  Vernon  to  Bronxville  the  Reservation  is  in  ex- 
cellent condition  and  is  being  extensively  used  as  a  park. 
From  Bronxville  to  Crestwood  very  marked  improvement 
has  been  noted;  playgrounds,  tennis  courts,  etc.,  having  been 
established  at  Tuckahoe  and  Crestwood.  Between  Crest- 
wood  and  Scarsdale  is  a  charming  strip  of  park  land.  From 
Scarsdale  Station,  extending  through  Hartsdale  to  the  south- 
erly limits  of  White  Plains,  a  section  of  great  charm  which 
was  seriously  marred  during  the  construction  of  the  Bronx 
Valley  sewer,  the  lands  have  now  been  almost  entirely  restored 
to  their  former  natural  beauty. 

Throughout  the  White  Plains  section,  however,  the  great- 
est transformation  has  been  made.  How  much  has  been 
done  is  best  illustrated  by  the  photographic  records  of  the 
Commission,  several  of  which  have  been  reproduced  in  the 
pages  of  this  report. 


Landscape  and  Improvement  Plans 

A  general  plan  of  landscape  development  has  been  com- 
pleted and  formally  adopted,  but  the  Commission  has  deemed 
it  advisable  to  defer  publication  of  this  plan  until  the  next 
report,  by  which  time  the  exhaustive  studies  required  in  con- 
nection with  multitudinous  details,  which  may,  to  some  ex- 
tent, affect  portions  of  the  general  plan,  will  have  been  finished. 
Particular  attention  has  been  given  to  the  layout  of  the  pro- 
posed parked  drive  which  will  be  made  of  ample  width  to 
accommodate  the 
heavy  traffic  which 
is  sure  to  be  im- 
posed upon  it. 

Studies  to  deter- 
mine the  best 
method  of  paving 
and  surfacing  the 
parked  drive  have 
been  made  by  the 
Engineering  Depart- 
ment. Much  data 
has  been  obtained 
and   the  behavior, 


BRON.X  RIVER  AT  NURSERY 


65 


AFTER  VIEW 

Buildings  removed  and  river  being  diverted  from  new  railroad  embankment ; 
permanent  improvement  under  way 


under  traffic,  of  those  pavements  in  most  general  use,  has 
been  carefully  observed  and  data  obtained. 

In  the  narrower  sections  of  the  Parkway,  particularly  in 
the  vicinity  of  the  Mount  Vernon  Station,  the  width  is  barely 
sufficient  to  provide  space  for  the  river  channel.  Parkway 
drive  and  a  narrow  screen  planting  along  the  railroad  em- 
bankment and  Bronx  River  Road.  In  this  section  the  Park- 
way drive  will  be  carried  through  at  a  level  somewhat  below 
the  adjacent  street,  so  that  the  planting  strips  provided, 
though  narrow,  will  be  effective  in  preserving  the  appearance 
of  a  Parkway. 

The  parked  driveway  is  laid  out  and  several  sections  will 
soon  be  under  construction.  Between  Scarsdale  and  White 
Plains,  Bronx  Park  and  Gun  Hill  Road,  and  in  the  vicinity 
of  White  Plains,  the  Commission  will  make  substantial  pro- 
gress this  year,  which  will  include  grading  for  the  Parkway 
drive  and  final  grading  of  the  park  lands,  followed  by  extensive 
planting  of  many  areas  which  have  been  almost  entirely 
stripped  of  trees  and  other  plant  growth. 

In  the  meantime  a  dirt  road,  with  temporary  bridges  at 
river  crossings,  will  be  laid  out  and  roughly  graded  between 
Woodland  Place,  White  Plains,  and  West  Mount  Vernon. 
This  will  follow  approximately  the  line  laid  down  for  the  parked 
drive  and  will  make  that  portion  of  the  Reservation  more 
accessible  for  light  vehicles  and  particularly  for  equestrians. 

Conclusion 

The  Commissioners  in  charge  of  this  project — Madison 
Grant,  William 
White    Niles  and 

James    Graham  ■.-►.^^x  ^ 

Cannon — were  ori- 
ginally appointed  in 

1907  by  Governor  •'V"'  <a^^^2^^*'  ' 


Hughes.  At  the 
expiration  of  his  first 
term  of  three  years, 
Mr.  Niles  was  reap- 
pointed by  Governor 
Hughes,  and  at  the 
expiration  o  f  h  i  s 
second  term  of  five 


RHODODENDRON  CORNER — ST.\TION  PARK, 
SCARSDALE 


67 


AFTER 


years  in  July,  1915,  he  was  again  reappointed  by  Governor 
Whitman.  Mr.  Cannon,  at  the  expiration  of  his  first  four- 
year  term,  was  reappointed  by  Governor  Dix  and  on  June  23, 
1916,  Governor  Whitman  signed  and  forwarded  to  Mr.  Cannon 
his  commission  for  a  further  period  of  five  years  from  the 
expiration  of  his  term  on  July  25,  1916.  At  the  expiration  of 
his  first  term  of  five  years,  Mr.  Grant  was  reappointed  by 
Governor  Dix  in  1912,  for  a  second  term  of  five  years. 

Throughout  the  long  period  while  awaiting  official  sanction 
of  the  Parkway,  and  before  the  legal  obstacles  were  removed, 
the  Commission,  though  without  funds,  labored  unceasingly, 
feeling  certain  that  an  understanding  of  the  merits  of  the 
project  would  command  immediate  recognition. 

During  the  past  three  years  since  authority  was  obtained 
on  June  5  th,  1913,  the  policy  of  acquiring  land  by  direct 
purchase  has  entailed  arduous  labors,  but  the  tremendous 
savings,  resulting  from  this  work,  as  well  as  the  prevention 
of  hardship  and  loss  to  a  large  proportion  of  the  property 
owners,  has  been  sufficient  reward  for  the  efforts  expended. 
With  this  portion  of  the  work  completed  and  the  Parkway 
lands  and  River  redeemed  from  their  former  polluted  state, 
the  Commission  has  now  reached  the  third  and  most  in- 
teresting stage — the  physical  development  of  this  great 
Parkway,  foremost  in  America  in  importance  of  connections 
and  territory  benefited. 

Whatever  success  the  Commission  has  achieved  in  endeavor- 
ing to  reduce  to  a  minimum  the  expenses  of  this  great  under- 
taking has  been  very  largely  due  to  the  generous  support  of 
the  public  and  press,  the  hearty  co-operation  of  public  officials 
and  the  efforts  of  a  competent  and  enthusiastic  staff  of  em- 
ployees imbued  with  a  high  sense  of  public  duty. 

Respectfully  submitted, 


Jay  Downer, 

Engineer  and  Secretary. 
June  30,  1916. 


Madison  Grant,  President, 
William  White  Niles, 
James  Graham  Cannon, 
Bronx  Parkway  Commission. 


69 


June  30.  igi6. 


Hon.  Madison  Grant, 

William  W.  Niles, 
James  G.  Cannon, 

280  Madison  Avenue, 
New  York  City. 

Gentlemen — The  foregoing  report  records  in  sufficient  detail  the  work  of 
the  several  departments  of  your  Commission,  except  that  of  the  Law  Depart- 
ment, of  which  a  complete  record  will  be  found  in  the  Counsel's  report. 
More  detailed  records  of  the  work  accomplished  by  the  Construction,  Engi- 
neering, Accounting  pnd  Forestry  departments  have  been  prepared  and 
placed  on  file.  Much  of  this  is  of  interest  but  not  entirely  necessary  for  the 
purposes  of  this  report  and  to  include  all  would  too  greatly  extend  these 
pages.  Let  it  suffice,  therefore,  to  describe  the  organization  of  the  office, 
engineering  and  construction  forces,  and  briefly  outline  their  respective  duties. 

The  Auditing  Del^artnient 
in  charge  of  the  Assistant  Secretary,  Mr.  George  R.  Hilty,  has  been  extremely 
busy  along  many  lines  of  work.  In  addition  to  the  general  accounting,  cost- 
keeping,  record  of  tools,  equipment  and  supplies,  Mr.  Hilty  has  had  charge 
of  the  rent  and  sale  of  buildings,  a  difficult  work  involving  much  detail,  which 
he  has  conducted  with  tact  and  skill,  resulting  in  the  Commission's  obtaining 
favorable  prices  for  the  many  buildings  sold  and  without  the  friction  and 
complications  often  arising  in  dealings  of  this  character. 

The  Assistant  Secretary  has  also  supervised  the  recreation  activities  on 
the  Parkway,  has  obtained  a  very  complete  and  satisfactory  photographic 
record,  has  secured  the  abatement  of  almost  all  of  the  one  hundred  and  fifty- 
four  sanitary  violations  on  the  Commission's  records,  and  has  assisted  in 
negotiations  for  the  purchase  of  land.  Mr.  Hilty  conducts  the  Purchasing 
Department  and  has  assisted  in  the  organization  of  the  maintenance  forces 
of  the  Commission  as  well  as  being  in  direct  charge  of  the  reconstruction  of 
the  building  to  be  used  for  offices  at  Bronxville.  Working  under  the  direc- 
tion of  the  Assistant  Secretary  are: 

Helen  L.  Pennamacoor,  Clerk, 
William  E.  Moore,  Bookkeeper, 
William  J.  Byrne,  Parkkeeper, 
Edward  J.  Groark,  Timekeeper, 
Gertrude  F.  C.  Nestor,  Stenographer, 
Emilie  Surdez,  Stenographer, 
Elmer  D.  Crapper,  Page. 

The  Engineering  Department 
is  operated  in  two  divisions — the  Headquarters'  Division,  in  charge  of  Mr. 
Leslie  G.  Holleran,  Principal  Assistant  Engineer,  and  the  Field  Engineering 
Division,  under  Mr.  Chester  A.  Garfield,  Assistant  Engineer. 


71 


Headquarters'  Division 

The  regular  force  employed  in  this  division  under  Mr.  HoUeran's  direc- 
tion consisted  of: 

James  J.  Lippincott,  Map  Draftsman, 
Ellen  F.  Jones,  Stenographer, 
supplemented,  when  necessary,  by  members  of  the  Accounting  and  Field 
Engineering  Departments. 

The  work  of  this  division  has  had  much  to  do  with  the  acquisition  of 
real  estate,  preparation  of  property  descriptions  for  contracts  and  deeds, 
preparation  and  filing  of  real  estate  maps,  design  of  structures,  engineering 
studies,  investigations,  reports,  contracts  and  specifications,  as  well  as  mis- 
cellaneous engineering  work  and  negotiations. 

Under  Mr.  Holleran's  direction  the  many  complicated  engineering  nego- 
tiations, with  the  voluminous  correspondence  relating  to  the  same,  have 
been  handled  with  dispatch  and  in  a  most  satisfactory  manner.  Much  work 
has  been  done  in  connection  with  furnishing  and  checking  descriptions  for 
the  Law  Department,  and  negotiations  with  the  title  companies  to  secure 
the  elimination  of  survey  and  other  exceptions ;  also  negotiations  with  the 
New  York  Central  Rpilroad  Company  relative  to  proper  boundaries  and  de- 
scriptions of  lands  to  be  acquired  from  it.  Frequent  attendance  at  hearings 
before  the  Public  Service  Commission  and  at  meetings  of  official  boards  in  con- 
nection with  matters  in  which  the  Commission  is  interested  has  been  required. 

The  work  under  the  direction  of  the  Principal  Assistant  Engineer  has 
also  included  preparation  of  contracts,  specifications  and  contract  drawings 
for  construction  work,  and  licenses  for  sewer  connections  across  Parkway 
lands,  examination  and  reports  on  plans  and  designs  for  improvements  to 
be  made  by  private  corporations  or  municipalities  through,  or  adjacent  to, 
the  Parkway  Reservation,  the  preparation  of  many  designs  and  studies  for 
details  in  connection  with  the  development  of  the  Reservation,  as  well  as 
negotiations  of  a  varied  and  important  character. 

Field  Engineering  Division 
The  members  of  this  division,  working  under  the  direction  of  Mr.  Chester 
A.  Garfield,  Field  Assistant  Engineer,  at  the  date  of  this  report  are  as  follows : 
Frederick  H.  Gross,  Transitman, 
Samuel  Elkin,  Levcler, 
James  Owen,  Engineering  Draftsman, 
John  Locke,  Map  Draftsma)i, 
Morgan  J.  Brennan,  Rodman, 
Arthur  Ehlers,  Rodman, 
William  W.  Forster,  Landscape  Draftsman, 
Robert  L.  Mutschler,  Axeman. 
Arthur  Freud.  Axeman, 
George  B.  Klein,  Chainman, 
James  T.  Landreth.  Axeman, 
I.  H.  McFalls.  Axeman. 
T.  J.  Sullivan,  Axeman, 
David  E.  VanBuren,  Chainman, 
Morris  Berkcnblit,  Chainman. 
H.  M.  McKinley,  Chainman. 


72 


ATTRACTIVE    SECTION    OF    THE    PARKWAY,  YONKERS 


STILL  WATERS 


The  number  of  employees  in  this  department  during  the  past  year  has 
average  fifteen,  divided  as  follows :  Two  ^eld  parties  of  four  men  each,  or 
a  total  of  eight  men,  and  seven  men  in  the  office. 

The  most  extensive  work  of  this  division  has  been  in  preparation  of  topo- 
graphical and  property  surveys.  There  have  also  been  made  hydrographical 
surveys,  together  with  other  surveys  preliminary  to  construction  and  devel- 
opment work.  The  Field  Assistant  Engineer  has  supervised  the  carrying  out 
of  construction  work  and  inspected  and  reported  upon  improvements  by 
outside  parties  upon  or  across  lands  of  the  Commission. 

Much  topographical  and  engineering  data  has  been  furnished  the  Law 
Department  for  use  in  condemnation  proceedings  and  Mr.  Garfield  has  fre- 
quently testified  before  condenmation  commissioners.  The  Engineering 
Department  has  furnished  data  to  the  construction  forces,  and  locations  of 
paths  and  roads  staked  out  for  construction  work.  This  division  has  also 
set  permanent  Parkway  monuments  at  angle  points  in  outside  boundaries 
along  undivided  lands. 

In  connection  with  the  hydrographical  surveys  current  meter  stream  flow 
measurements  and  gauge  height  records  have  been  taken  and  data  obtained 
to  determine  the  volume  of  discharge  at  various  stages  and  at  frequent 
intervals  up  and  down  the  River. 

The  land  and  title  surveys  prepared  by  this  division  under  Mr.  Garfield's 
direction  have  been  found  to  be  consistently  accurate  and  dependable,  and 
the  topographical  data  has  been  prepared  with  such  care  as  to  form  a  com- 
prehensive and  reliable  record  upon  which  to  base  plans  and  estimates  for 
improvement  work. 

Reclamation  of  Lands  and  River,  Construction,  Maintenance 
and  Forestry 

During  the  year  ending  June  30,  1915,  this  work  was  continued  under 
the  direction  of  Mr.  A.  N.  Robson,  Forester,  Init  with  the  increased  forces 
and  the  necessity  for  detailed  supervision  of  the  tree  surgery  work,  as  well 
as  the  tedious  work  of  cleaning  the  River  and  clearing  the  lands,  the  Assis- 
tant Secretary  was  detailed  to  reorganize  the  maintenance  division  and  the 
Parkway  was  divided  into  four  sections,  each  in  charge  of  a  section  labor 
leader  with  one  or  more  assistants  as  required. 

With  the  opening  of  spring  work  this  season  and  with  further  increase  in 
the  labor  and  tree-trimming  forces,  as  well  as  the  commencement  of  perma- 
nent landscape  construction  work  with  finished  grading,  etc.,  it  became 
necessary  to  secure  the  services  of  a  construction  superintendent,  trained  in 
landscape  work,  who  could  sympathetically  execute  the  plans.  There  were 
no  Civil  Service  lists  appropriate  for  this  position  with  available  candidates 
and  Mr.  Herm,ann  W.  Merkel,  Consulting  Landscape  Architect  and  Forester, 
was  requested  to  supervise  the  landscape  construction  forces  until  a  capable 
superintendent  could  be  appointed.  Application  was  made  to  the  State 
Civil  Service  Commission  for  a  list  and  a  special  examination  was  held.  In 
the  meantime  the  Commission  was  authorized  to  make  a  temporary  appoint- 
ment and,  after  considerable  investigation  following  advertising  and  exhaus- 
tive inquiry,  Mr.  Gilmore  D.  Clarke,  a  graduate  landscape  architect  in 
charge  of  construction  work  for  the  Hudson  County  Park  Department,  but 


73 


residing  in  tlie  Bronx,  was  temporarily  appointed  as  Superintendent  of 
Landscape  Construction. 

Mr.  Clarke  entered  upon  fiis  duties  a  few  days  prior  to  the  date  of  this 
report  and  will  continue  in  charge  under  the  general  supervision  of  the 
Landscape  Architect  and  Forester  until  a  Civil  Service  list  of  candidates 
available  for  this  position  Jias  been  promulgated. 

Preparation  of  Development  Plans 

The  Consulting  Landscape  Architect,  Mr.  Hermann  W.  Merkel,  has  con- 
tinued with  the  work  of  developing  general  plans  and  has  prepared  detailed 
grading  plans  for  extended  sections  in  advance  of  the  construction  work. 
Mr.  Merkel  has  been  assisted  in  preparation  of  these  plans  by  Mr.  Chester 
E.  Wheeler,  Landscape  Draftsman.  Mr.  Merkel  has  also  given  general 
supervision  to  the  landscape  construction  work  and  forestry  and  has  advised 
the  Commission  as  to  the  best  means  of  protecting  the  tree  growth  and  other 
vegetation  in  the  Parkway.  His  very  interesting  report  dealing  with  the 
care  of  trees,  the  condition  of  the  nursery  and  quantity  of  stock  therein,  as 
well  as  some  of  the  insect  enemies  to  be  combated,  is  appended  hereto. 

The  Executive  Stenographer 

Miss  Louise  A.  Bancroft  acts  as  my  private  secretary  and  is  in  charge 
of  the  minutes  of  meetings,  a  record  of  which  she  takes.  She  is  responsible 
for  the  tabulation  and  preservation  of  schedules  of  standard  land  values 
used  in  negotiations  for  lands,  and  is  in  charge  of  the  filing  and  other  records. 
Miss  Bancroft  also  has  general  supervision  over  the  distribution  and  care  of 
correspondence  for  all  the  various  departments  of  the  Commission. 

A  chart  showing  graphically  the  organization  of  the  Commission's  forces 
is  shown  on  the  following  page. 

Respectfully  submitted. 
Jay  Downer, 

Engineer  and  Secretary. 


74 


"before  taking" 


"after  taking" 
Two  views  just  above  Bronx  Park 


June  30,  1916. 

Bronx  Parkway  Commission, 
No.  280  Madison  Avenue, 
New  York  City. 

Gentlemen — There  has  been  no  change  in  the  policy  and  the  character  of 
the  work  on  the  Parkway  Reservation  with  which  I  have  been  connected, 
only  a  broadening  and  extension  made  necessary  by  the  acquisition  of  great 
areas  of  new  lands  and  the  actual  planning  of  the  landscape  development. 

The  work  of  the  past  two  years  in  connection  with  the  preservation  of  the 
plant  life  upon  the  Bronx  Parkway  Reservation  has  been  a  fruitful  one  in 
many  ways.  The  arrest  of  the  destruction  of  the  many  noble  old  trees  by  old 
fire  scars,  or  lightning,  or  breakage  wounds,  and  dead  and  dying  limbs,  has 
progressed  steadily  and  is  of  incalculable  value  to  the  beauty  of  the  Reserva- 
tion, present  and  future.  Each  tree  was  inspected  individually  and  its 
treatment  indicated  only  after  careful  consideration  of  the  desirability  of  the 
species,  the  condition,  size  and  age  of  the  specimen,  and  in  all  but  the  very 
large  examples,  due  regard  was  given  to  the  surrounding  trees  and  saplings, 
upon  which  depends  the  future  growth  and  aspect  of  the  woodlands  of  the 
Reservation.  Nor  have  all  trees  been  removed  whose  physical  condition 
was  poor  and  whose  life  for  that  reason  probably  short,  for  where  such  a 
tree  had  sufficient  artistic  value  (as  for  instance  one  overhanging  the  River), 
it  was  carefully  saved. 

The  force  of  men  employed  in  pruning,  cleaning,  and  cavity  treatment, 
has  become  so  highly  efficient  that  it  is  a  positive  pleasure  to  see  them  at 
work,  and  I  believe  that  in  no  other  park  system  is  this  work  surpassed  and 
that  only  a  few  can  equal  it. 

The  protection  of  the  Parkway  woodlands  from  fire  and  marauders  has 
also  had  very  beneficial  results. 

Insect  Pests 

The  Hickory  Bark-Borer  and  the  Hemlock  Borer  seem  to  have  succumbed 
to  the  vigorous  treatment  given,  but  the  Spring  Canker  Worm  is  increasing 
its  area  of  destructiveness  and  must  probably  be  reckoned  with  for  a  number 
of  years,  and  only  very  thorough  spraying  of  the  hardwood  trees  in  all  of  the 
infected  area  will  prevent  great  damage,  especially  as  several  bark-borers 
appear  to  take  advantage  of  the  weakened  condition  of  the  trees,  due  to 
defoliation  for  several  succeeding  years. 

The  Gypsy  Moth  and  the  Brown-tail  Moth,  both,  are  ever-threatening 
clouds,  one  to  the  north  and  the  other  to  the  east  of  the  Parkway,  that  must 
not  be  lost  sight  of,  nor  temporized  with  should  they  occur  upon,  or  in  the 
vicinity  of,  the  Reservation. 

Care  of  Trees 

Every  tree  on  parcels  owned  at  the  time  they  were  reached  by  the  Com- 
mission's arborists.  under  the  direction  of  the  Forester,  Mr.  A.  N.  Robson, 
has  been  examined  and  given  the  preliminary  care  necessary.  In  many  cases 
this  had  to  take  only  the  form  of  "  first  aid,"  as  in  most  locations  it  was  not 
possible  to  know  at  that  time  whether  the  tree  in  question  would  be  able  to 


77 


remain  permanently,  or  would  stand  in  the  line  of  some  future  development, 
such  as  grading,  road  building,  river  channels  or  lake  excavations,  which 
would  prevent  its  permanent  existence,  and  it  was  not  thought  wise  to  ex- 
pend a  comparatively  large  amount  of  money  on  cavity  work,  for  instance, 
until  it  could  be  determined  that  the  tree  would  remain.  In  all  cases,  how- 
ever, wounds  were  cleaned,  dead  limbs  and  Jimb  stubs  were  sawed  off,  and 
the  wounds  given  antiseptic  treatment,  and  then  sealed  against  the  ingress 
of  water  and  the  agents  of  decay. 

In  accordance  with  the  policy  inaugurated  all  large  cavities  were  allowed 
to  remain  unfilled  for  a  period  of  at  least  one  year  in  order  to  be  able  to  deter- 
mine whether  all  of  the  infected  area  had  been  removed.  While  this  may 
be  new  in  tree  work  it  is  exactly  parallel  to  the  course  adopted  by  surgeons 
in  the  treatment  of  wounds,  which  they  allow  to  remain  open  externally 
during  the  process  of  healing.  That  this  course  was  a  wise  one  has  been 
proven  in  several  instances  when  the  waiting  period  developed  further  decay. 
This  spring,  however,  after  the  preliminary  treatment  had  been  administered 
to  the  trees  as  far  as  the  northerly  end  of  the  Reservation,  the  force  of 
arborists  began  again  at  the  southerly  ,end  to  carry  the  work  to  completion 
and  the  filling  of  cavities  has  at  this  writing  been  done  as  far  as  the  end  of 
the  New  York  City  line  and  is  progressing  rapidly  northward.  Since  most 
of  the  roadway  and  other  features  have  been  planned  in  the  meantime  it  is 
possible  to  determine  just  what  trees  should  be  treated. 

The  filling  of  the  cavities  is  being  done  skillfully  and  in  accordance  with 
the  best  and  latest  practice  known  to  arboriculture.  Since  it  has  become 
quite  evident  that  the  patent  claims  of  certain  firms,  who  have  tried  to  con- 
trol the  most  approved  methods  of  bracing  and  filling  trees,  are  invalid,  we 
have  not  hesitated  to  use  them ;  but,  in  direct  opposition  to  the  practice  of 
many  commercial  tree  surgeons,  we  have  been  treating  only  those  trees  the 
size,  beauty  and  condition  of  which  warranted  such  treatment.  All  obviously 
decrepit  and  moribund  trees  were  disregarded  since  we  have  considered  it  a 
waste  of  public  funds  to  spend  any  time  or  effort  upon  them.  A  number  of 
the  best  arborists  have  visited  the  Reservation  and  it  is  the  consensus  of 
opinion  that  the  work  of  tree  preservation  on  the  Bronx  River  Parkway 
Reservation  is  the  best  that  may  be  found  in  any  area  of  its  size  in  the 
country. 

Spraying 

The  purchase  of  an  additional  high-power  sprayer  was  very  timely,  as 
may  be  seen  by  the  fact  that  the  new  machine  was  used  for  a  period  of  fifteen 
days  and  that,  with  its  help,  your  force  was  able  adequately  to  protect  the 
areas  infested  by  the  spring  canker  worm,  which  was  larger  this  year  than 
during  any  previous  season.  A  great  number  of  scattered  infestations  of 
other  insects  was  treated  by  the  smaller  outfits  to'  very  good  advantage  but, 
since  the  large  sprayer  enables  your  force  to  reach  the  top  of  any  tree  from 
the  ground,  dispensing,  therefore,  with  ladders,  scaffolds  and  a  great  deal  of 
time  wasted  in  erecting,  taking  down  and  moving  same  away,  they  were  able 
to  move  as  rapidly  as  was  required,  and  I  consider  that  the  Commission  has 
already  obtained  in  benefit  the  cost  of  the  new  machine. 

The  tent  caterpillar  was  especially  obnoxious  this  year  and  a  force  of 
men  was  sent  out  to  cut  out  and  burn  the  unsightly  nests  of  this  pest  through- 


78 


DRAINED  AND  USED  FOR  NURSERY 


out  the  entire  length  of  the  Reservation,  destroying  in  all  7,884  nests.  Of 
other  insect  pests  there  may  be  mentioned  as  present  on  the  Reservation  the 
following:  Tussock  moth,  walnut  caterpillar,  yellow-necked  apple  caterpillar, 
fall  web  worm,  mourning  cloak,  elm  leaf  beetle,  cigar  case  bearer,  and  the 
golden  oak  scale  upon  some  European  oaks  at  Hartsdale,  all  of  which  were 
fought  wherever  found. 

The  chestnut  blight  is  still  present  on  the  Reservation  on  the  sprouts 
which  have  come  up  from  the  stumps  of  removed  trees.  This  year  we  will 
endeavor  to  remove  all  infections  as  soon  as  discovered  and  by  this  means 
hope  to  be  able  to  eradicate  the  blight  within  a  year  or  two. 

The  Nursery 

The  nursery  at  Crestwood,  having  demonstrated  its  usefulness  even  to 
the  most  critical  observer,  has  been  greatly  extended  by  taking  an  additional 
strip  of  land  north  of  Crestwood  Station  and  enlarging  the  present  planting 
southward.    The  nursery  now  contains : 
9,000  trees, 
43,260  shrubs, 
2,305  vines, 
1,920  evergreens, 

by  far  the  greatest  number  being  indigenous  since  it  has  been  considered 
desirable  to  exclude  from  most  sections  of  the  Reservation  plants  foreign  in 
origin  and  character. 

Of  course  special  care  has  been  taken  to  have  only  such  plants  as  would 
thrive  in  the  soils  and  (Situations  found  in  the  Parkway  area.  The  condition 
of  all  these  plants  at  this  time  may  be  considered  very  satisfactory  and  the 
nurseries  have  been  kept  well  cultivated,  free  from  weeds  at  all  times,  and 
have  formed  an  attractive  feature  of  the  Parkway. 

The  cutting  and  seedling  plants  raised  by  lyour  own  men  have  done 
exceedingly  well  in  the  rich  soil  of  the  nursery,  many  of  them  reaching  in  one 
season  the  size  and  vigor  usually  found  in  two  year  old  stock  as  commonly 
purchased  from  nurseries. 

Landscape  Planning 

Planning  for  the  roadway,  grading,  river  diversions  and  widenings,  has 
been  carried  on  steadily  as  topographical  maps  became  available,  so  that 
practically  all  of  the  general  planning  for  this  is  now  finished  from  the 
Botanical  Gardens  to  the  northern  boundary  of  the  City  of  White  Plains. 
This,  of  course,  involved  much  study  of  existing  conditions  and  many  con- 
sultations and  discussions  with  the  members  of  your  Commission  and  your 
engineers,  both  in  the  field  and  office,  as  well  as  the  examining  of  profiles  and 
details  of  streets  and  other  improvements  contemplated  by  the  municipalities 
touched  by  the  Reservation. 

Based  upon  this  a  preliminary  plan  was  then  made  which  was  submitted 
to  your  Commission  for  approval,  or  changes,  which  changes,  if  any,  with 
a  general  indication  of  the  planting  features,  walks,  play  fields,  et  cetera,  were 
then  put  in  the  form  of  a  general  plan  which  received  the  approval  of  the 
Commissioners  and  their  Secretary.  I  am  happy  to  say  that  no  great  dif- 
ferences of  opinion  have  ever  arisen  and  that  this  work  is  going  along  rapidly 
and  smoothly. 


80 


Principal  rcatitrcs 

The  principal  features  of  tiie  valley  in  which  the  Reservation  lies  are.  of 
course,  the  River  and  magnificent  tree  growth  present  in  most  sections. 
The  River  bed  in  its  present  location  does  not  represent  in  all  cases  the 
natural  channel.  It  has  been  arbitrarily  moved  by  the  changes  of  contour 
brought  about  by  the  building  of  roadbeds,  railroads  and  streets,  and  the 
erection  of  factories  and  other  buildings,  no  attention  being  paid  during  the 
course  of  such  construction  to  the  aesthetic  aspect  of  the  new  course.  This 
fact  and  the  necessity  of  planted  strips  needed  to  screen  the  railroad  and 
other  unsightly  objects  necessitated  many  changes  in  the  River  channel, 
which  at  the  .'^ame  time  has  been  widened  and  often  made  into  pools  and 
lakes,  which  will  help  to  make  the  Reservation  more  beautiful  and  will  Help 
to  maintain  a  more  equable  flow  of  water  than  now  present  and  provide 
opportunity  for  boating,  bathing  and  skating. 

Large  existing  trees  have  been  most  carefully  considered  in  all  of  the 
planning  work  and  it  is  very  gratifying  to  be  able  to  say  that  very  few  really 
good  trees  will  have  to  be  removed  or  will  suffer  as  the  result  of  the  improve- 
ments to  be  made. 

The  main  feature  of  these  improvements  is.  of  course,  the  drivewa\-, 
which  will  run  for  the  entire  length  of  the  Reservation,  connecting  with 
adjacent  streets  wherever  an  outlet  has  been  considered  necessary.  For  the 
width  of  the  drive,  forty  feet  has  been  tentatively  settled  upon,  although  this 
width  may  not  be  graded  and  paved  at  the  outset,  thirty-two  feet  being  con- 
sidered sufficient  in  certain  sections.  In  sections  where  the  full  width  re- 
quired for  a  single  driveway  would  mean  an  excessive  amount  of  grading,  the 
destruction  of  trees  or  other  desirable  features,  the  road  has  been  divided 
into  two  one-way  drives,  which  sometimes  run  at  decidedly  difTerent  levels, 
reuniting  as  soon  as  possible.  Excessive  grades  and  dangerous  curves  have 
been  avoided. 

The  walks  are,  of  course,  of  various  widths,  with  a  maximum  of  twelve 
feet.  The  principal  one  follows  the  Bronx  River  on  one  side  or  the  other 
for  its  entire  length.  Where  necessary,  cross  walks  and  others  leading  to 
points  of  interest  have  been  provided,  but  grade  crossings  on  the  driveway 
have  been  avoided  wherever  possible.  Special  attention  has  been  paid  to 
the  walks  giving  quick  access  to  railroad  stations,  et  cetera. 

I  would  also  recommend  that  provision  for  bridle  paths  be  made. 

Such  recreation  features  as  playgrounds,  tennis  courts,  baseball  fields, 
et  cetera,  have  been  taken  care  of,  but  they  have  been  placed  only  where 
they  could  exist  without  interference  with,  or  intrusion  upon,  the  landscape 
proper.  Since  it  has  been  considered  our  first  duty  to  provide  a  beautiful 
Parkway,  rather  than  a  great  number  of  local  parks  of  diversified  character, 
the  rules  of  naturalistic  design  have  been  followed  very  closely  wherever 
possible  and  abandoned  only  where  the  railroad  embankment,  a  street,  or 
similar  feature,  has  compelled  such  course. 

Planting 

The  planting  has  been  planned  chiefly  with  the  object  of  restoring  the 
flora  of  the  region  and  permanency  in  view.  Broad  effects  have  been  aimed 
at  and  indiscriminate  mixtures  avoided. 


81 


Construction 

The  landscape  construction  and  grading  work  carried  on  during  the  past 
year  has  been  carefully  supervised  by  me  to  insure  a  sympathetic  execution 
of  the  development  plans.  I  understand,  however,  that  this  work  has  been 
described  in  the  foregoing  pages  of  this  report  so  that  it  will  not  be  further 
detailed  here. 

In  conclusion  I  take  the  liberty  to  express  to  the  gentlemen  comprising 
your  honorable  body  my  gratefulness  for  the  many  courtesies  extended  and 
the  trust  you  have  placed  upon  me,  and  to  the  members  of  your  staff  my 
thanks  for  the  spirit  of  helpfulness  and  co-operation  always  shown. 

Respectfully  submitted, 

Hermann  W.  Merkel, 
Consulting  Landscape  Architect  and  Forester. 


I 


82 


PUBLIC  ENJOYING  THE  IMPROVED  CONDITION  OF  BRONX  RIVER  AND  PARKWAY 


Bronx  Parkway  Commission 


LAW  DEPARTMENT 

280  Madison  Avenue,  New  York  City 


Report  of  the  Counsel 

IN  TWO  PARTS 

Part  I.  Period  of  June  5,  iQij  to  June  jo,  igi§ 
Pari  II.    Period  of  June  50,  igij  to  June  30,  igi6 


THE  LAW  DEPARTMENT 


THEODOSIUS  F.  STEVENS,  Counsel 


WILLIAM  O.  GANTZ,  Deputy  Counsel     JOHN  A.  KEMP,  Deputy  Counsel 
MOSES  ELY,  Assistant  Counsel  JOHN  M.  LATHROP,  Assistant  Counsel 

ROBERT  G.  DURLAND,  Assistant  Counsel 


LOUIS  K.  R.  LAIRD,  Managing  Clerk  GLADYS  M.  CHERRY,  Sec'y  to  the  Counsel 
DAVID  WRIGHT,  Entry  Clerk  ELSIE  C.  MULLER,  Stenographer 

GILBERT  HOLMES,  Process  Server        BARBARA  G.  GOSCH,  Stenographer 
MORRIS  LEFKOFF.  Junior  Clerk  MARY  KARLIK,  Stenographer 

JOSEPHINE  HARKINS,  Telephone  Operator 


PART  I 


Period  of  June  5,  1913-JuNE  30,  191 5 
Chapter  I — A  brief  explanation  pf  the  Commission's  system  of  taking 

TITLE  to  land  BOUGHT  AT  PRIVATE  PURCHASE. 

Chapter  II — Proceedings,  other  than  matters  of  routine. 

Chapter  III — The  condition  of  the  Commission's  law  work  on  June  30TH, 

1915 — ITS  COST — plans  for  THE  FUTURE — CONDEMNATION  PROCEEDINGS. 


PART  II 

Period  of  June  30,  igi5-JuNE  30,  1916 

Chapter  IV — Office  Organization — Enlargement  Required  for  Condem- 
nation Proceedings — Conformation  with  Civil  Service  Law. 

Chapter  V — Thf,  Year's  L\w  Work  with  Reference  to  Progress  Made  in 
Purchase  of  Land  at  Private  Sale. 

Chapter  VI — Condemnation  Proceedings — Conditions  Applicable — Prepa- 
ration for  Their  Commencement — Title  Examination — Commence- 
ment Proper  of  Proceedings — Objections  and  Contests — Appointment 
of  Commissioners  of  Appraisal — Progress  Made. 

Chapter  VII — Miscellaneous — Litigations.  Contracts  Prepared  or  Exam- 
ined, Opinions  Furnished,  etc. 

Chapter  VIII — Conclusion. 

Statistics — Tables  and  Exhibits. 


REPORT  OF  THE  COUNSEL 


Hon.  Madison  Grant, 

William  W.  Niles, 
James  G.  Cannon, 

Bronx  Parkii'ay  Commissioners 
New  York  City 

Dear  Sirs — The  report  of  any  technical  or  professional  work,  no  matter 
how  replete  with  statistics,  will  fail  to  convey  much  useful  knowledge  to  those 
not  entirely  familiar  with  the  circumstances  surrounding  it,  without  the 
injection  of  a  certain  amount  of  explanatory  matter.  This  is  especially 
applicable  to  the  present  review,  for  it  is  only  at  this  stage  of  the  Com- 
mission's progress  that  separate  or  special  account  of  its  law  work  has 
become  necessary  for  the  information  of  those  concerned  officially,  or  those 
otherwise  interested  in  its  activities. 

The  Commission  was  created  inl  1907,  but  its  Authority  to  buy,  condemn 
and  develop  the  Bronx  River  Parkway  Reserve  was  not  completely  vested 
until  five  years  later,  and,  although  the  Commissioners  themselves  never 
allowed  the  project  to  die  during  those  years,  they  were  obliged  to  defer  the 
consummation  of  any  work  planned  until  1913.  But,  with  the  enabling 
action  of  the  Board  of  Estimate  and  Apportionment  of  The  City  of  New 
York,  taken  on  June  5,  191 3,  the  Commission  could,  and  did,  begin  to  carry 
to  conclusion  the  negotiations  for  the  purchase  pi  land  in  the  Parkway 
Reservation  which  had  been  tentatively  made  before  that  time.  Though 
having  authority  in  1913  to  appoint  counsel,  the  Commission  very  wisely 
decided,  in  the  interests  of  economy,  to  detail  to  special  counsel  its  law  busi- 
ness then  accumulating,  and  to  postpone  appointing  and  maintaining  per- 
manent counsel,  with  an  office  and  staff,  until  the  volume  of  its  law  business 
had  reached  such  proportions  that  the  employment  of  permanent  counsel 
should  become  the  more  economical,  as  well  as  the  more  efficient,  method  of 
handling  it.  This  need  did  not  fully  develop  until  the  spring  of  1914.  It 
would  have  become  pressing  at  a  much  earlier  date  than  was  the  case,  had 
it  not  been  deferred  by  the  assiduity  of  Commissioner  Niles,  who  has  given 
his  time  unceasingly,  not  only  to  the  supervision  of  the  Commission's  law 
work,  but  to  much  of  its  detail  as  well.  The  Commission's  labors  in  nego- 
tiation during  the  latter  part  of  1913,  and  the  first  part  of  1914,  were  so  pro- 
lific in  result,  however,  that  a  permanent  law  department  became  essential 
to  carry  these  negotiations  into  effect  without  serious  and  costly  congestion, 
and  the  department  was  organized  and  has  been  maintained  accordingly 
since  1914. 


87 


PART  I 


Period  of  June  5,  1913-JuNE  30,  1915 

CHAPTER  I— EXPLANATION  OF  THE  COMMISSION'S  SYSTEM 
OF  BUYING  LAND  AT  PRIVATE  PURCHASE 

Anyone  who  has  had  much  to  do  with  real  property  knows  it  is  easy 
enough  to  buy  land,  but  often  quite  another  matter  to  obtain  a  perfect  title, 
and  that,  unless  the  utmost  care  is  exercised,  flaws  or  defects  in  the  title  will 
be  unnoticed  when  the  purchase  money  is  paid,  only  to  be  discovered  when  it 
is  too  late  to  rectify  the  mistake  without  additional  cost.  At  this  point,  it 
must  be  particularly  understood  that  the  Commission,  though  acting  for  the 
public  when  it  agrees  to  buy  land  in  the  Reservation  at  voluntary  purchase, 
is  in  precisely  the  same  condition  that  a  private  institution  or  individual 
would  be.  It  cannot,  merely  by  paying  the  purchase  price  to  one  who 
claims  ownership  in  the  land,  cure  defects  in  the  title,  if  any  there  be,  or  cut 
off  outstanding  rights  in  the  property,  should  any  exist.  To  protect  the 
public,  therefore,  and  see  that  it  gets  what  it  pays  for,  the  Commission  must 
do  what  every  prudent  individual  or  private  corporation  would  do,  namely, 
have  the  title  to  the  land  it  agrees  to  buy,  not  only  examined,  but  also  insured 
to  it  by  a  title  insurance  company,  before  the!  land  is  paid  for.  Having  and 
keeping  this  in  mind,  the  Commission  adopted  a  system  of  procedure  which 
operates  from  the  time  an  agreement  is  reached  with  a  landowner  as  to  price 
until  the  deed  is  offered,  the  form  of  title  policy  agreed  upon,  and  the  purchase 
money  paid.  The  title  examination  and  insurance  is  furnished  at  a  minimum 
cost  by  a  recognized  title  company,  upon  competitive  bids,  practically  pre- 
cluding the  possibility  of  a  loss,  and  making  the  title  company,  and  not  the 
public,  pay  for  curing  a  flaw  in  the  title,  should  one  ever  appear. 

Examination  of  the  several  hundred  title  policies  already  issued,  will  show 
that  the  Commission's  requirements  in  the  matter  of  accepting  a  title,  strict 
as  they  are,  have  been  strictly  complied  with.  There  is  not  a  survey  excep- 
tion in  any  of  the  policies  issued.  This  simple  statement  should  be  suf- 
ficiently impressive  to  those  who  have  had  experience  with  the  condition  of 
the  maps  and  titles  covering  some  ,sections  through  which  the  Reservation 
runs.  To  obtain  these  results,  great  care  has  been  exercised  in  the  terms 
and  specifications  of  the  award  of  contracts  for  title  examination  and  insur- 
ance, by  which  the  permanent  and  comprehensive  law  machinery  and  plant 
of  a  title  company  is  used  to  full  advantage,  and  far  more  cheaply  than  the 
Commission  could  begin  to  do  the  work  of  title  searching  itself,  aside  from 
the  benefit  of  title  insurance.  For  example,  take  Schedule  11,  the  schedule 
last  closed,  comprising  thirty-nine  parcels,  with  a  purchase  price  aggregating 
$138,119. — there  the  entire  cost  of  title  insurance  averaged  as  low  as  $31.08 
per  parcel,  less  than  .0087  of  the  purchase  price.  This  low  cost  has  been 
possible  because  the  award  of  a  contract  of  title  examination  covers  a  num- 
ber of  separate  titles  at  once,  and  is  let  by  competitive  bidding.  On  a  num- 
ber of  titles,  if  separately  considered,  the  title  companies  have  undoubtedly 
lost  money.  I  recall  one  case,  to  be  sure  rather  an  extreme  one,  where  the 
company  must  have  already  spent  fifteen  or  twenty  dollars  worth  of  time. 
The  title  has  not  closed  yet,  and  all  ,that  the  company  will  ultimately  receive 
for  its  services  and  risk  on  that  title  is  the  munificent  sum  of  $2.09. 


88 


CHAPTER  II— PROCEEDINGS,  OTHER  THAN  MATTERS 
OF  ROUTINE 


Since  the  Commission  commenced  its  active  work  of  buying  lands,  pro- 
tecting them,  selling  the  buildings  and  causing  them  to  be  removed,  and 
planting  and  developing  the  lands  where  possible,  innumerable  questions  have 
necessarily  arisen  from  time  to  time,  many  of  which  required  examination 
for  pertinent  law,  and  in  some  instances,  resort  to  the  courts  has  been 
necessary.  Of  course,  the  settlement  of  these  questions  has  been  important, 
but  I  do  not  consider  any  useful  purpose  will  be  served  in  lengthening  this 
report  by  any  general  enumeration  of  them,  or,  in  fact,  going  further  than  to 
briefly  comment  upon  several  of  them  which  might  find  some  public  interest. 

One  question  which  should  concern  the  public  is  that  of  the  pollution  of 
the  Bronx  River,  but  as  this  problem  has  hitherto  come  more  in  the  jurisdic- 
tion of  another  department,  rather  than  the  Law  Department,  it  doubtless 
will  be  reported  accordingly,  and  I  pass  it  with  the  statement  that,  in  addition 
to  other  measures  of  cure  and  prevention,  special  counsel  was  employed, 
who  examined  the  statutes  and  local  sanitary  codes  and  ordinances,  served 
warning  notices  upon  offenders,  and  in  many  cases  of  continuing  defilement, 
such  as  drains,  factory  outlets,  leaky  cesspools,  etc..  caused  offending  land- 
owners to  abate  the  nuisance.  The  matter  of  river  pollution,  owing  to  con- 
ditions existing  at  many  spots  along  the  stream,  will  continue  to  require 
attention  and  in  some  cases  probably  action,  until  title  is  taken  to  both 
banks  of  the  River  from  the  Kensico  Reservoir  to  the  Botanical  Gardens. 
Even  then,  vigilance  must  be  exercised  to  restrain  some  of  our  citizens,  and 
would-be  citizens,  from  their  propensity  to  throw  tin  cans  by  the  myriad, 
and  larger  articles,  such  as  old  wash  boilers,  discarded  bath  tubs  and  the  like, 
and  all  sorts  of  germ  breeding  and  indiscriminate  rubbish  and  filth,  in  the 
river  or  on  its  banks.  An  entire  spring  mattress  even,  was  found  from  one 
of  its  corners,  projecting  out  of  the  mud  in  the  river  bottom. 

In  several  instances,  the  Commission  was  obliged  to  prosecute  acts  more 
sinister  than  carelessness,  acts  of  wanton  lawlessness,  or  depredation  in  the 
cutting  down  of  trees,  and  in  the  clandestine  removal  of  wood  and  soil  from 
the  reservation. 

Questions  have  arisen,  and  will  arise,  respecting  the  rights  of  advertising 
sign  companies,  ever  tenacious  in  maintaining  the  seemingly  irrepressible, 
selfish  and  unsightly  billboard.  In  the  future,  an  enlightened  public  opinion 
will  doubtless  stop  and  prevent  private  interests  from  placing  hideous  adver- 
tising signs  upon  the  borders  of  our  public  parks  and  parkways,  and  so 
marring  the  beauty  the  public  has  paid  for. 

A  multiplicity  of  vexatious  detail  has  been  disposed  of  regarding  the  levy- 
ing and  payment  of  taxes  and  assessments,  owing  to  the  fact  that  in  many 
instances  a  part  only  of  a  tax  lot  was  taken;  in  other  instances,  owing  to 
errors  and  inconsistencies  in  the  tax  maps  of  some  of  the  towns  through 
which  the  Reservation  runs. 

Special  contracts,  from  time  to  time,  have  been  required  for  construction 
work,  and  forms  for  the  granting  of  licenses,  under  proper  restrictions  and 
conditions,  to  property  owners  to  connect  their  lands  with  the  Bronx  Valley 
Sewer,  which  runs  for  some  miles  of  its  length  beneath  the  surface  of  the 
Parkway  Reservation,  have  been  prepared  and  used. 


89 


The  sufficiency  of  the  law  creating  the  Commission,  especially  in  its  pro- 
visions relating  to  the  payment  by  the  County  of  Westchester  and  City  of 
New  York,  of  the  funds  required,  was  called  into  question,  and  co-operation 
of  counsel  with  the  Supervisors  of  Westchester  County  in  adopting  a  form  of 
resolution  that  would  meet  the  requirements  of  the  Act,  was  necessary. 

Riparian  rights  arising  over  the  proposed  diversion  of  the  Bronx  River, 
at  several  points,  were  given  special  study  and  consideration. 

The  Charges  Brought  Against  the  Commission  in  1914 
A  remarkable  set  of  charges  against  the  present  Commissioners  were  filed 
in  the  summer  of  1914  with  the  Hon.  Martin  H.  Glynn,  then  Governor. 
These  charges  were  to  the  effect  that  the  Commissioners  had  neglected  their 
duties,  and  their  removal  by  the  Executive  of  the  State  was  demanded.  If 
the  charges  sought  a  mere  change  from  one  set  of  ministerial  officers  to 
another,  their  disposition  would,  Relatively  speaking,  have  had  much  less 
importance  to  the  taxpayers  of  the  City  of  New  York  and  County  of  West- 
chester than  was  the  case,  but  the  charges,  though  nominally  directed  against 
the  present  members  of  the  Commission,  were  in  reality  directed  against 
the  system  of  purchase  at  private  sale,  inaugurated  and  pursued  by  the 
present  Commission ;  the  system  which  offered  a  property  owner  fair  and 
full  market  value  of  his  property,  but  jwhich  refused  to  carry  fairness 
into  the  realm  of  generosity  at  the  public  expense,  and  finally,  the  system, 
which,  above  all  other  things,  was  opposed  to  premature  or  reckless  resort 
to  archaic,  cumbersome,  and  inordinately  extravagant  condemnation  pro- 
ceedings. Intelligent  study,  and  not  so  much  of  it  at  that,  would  have 
convinced  a  person  of  ordinary  intelligence  that  wholesale  condemnation 
proceedings  were  quite  unnecessary,  yet  these  charges  were  brought  with  the 
intention,  thinly  veiled,  of  forcing  immediate  condemnation  proceedings, 
irrespective  of  the  public  good.  Two  of  the  three  men  bringing  the  charges 
were  unknown  to  the  Commissioners.  The  third  was  known,  as  he  had 
previously  requested  employment,  and  the  offer  of  his  services  had  been 
declined. 

The  charges  recited  that  the  Commissioners  were  appointed  in  1907.  and 
alleged  that  they  had  "  wilfully  neglected  and  omitted  their  duties  upon 
them  enjoined  by  law."  It  is  true  that  the  Commissioners  ,were  appointed 
in  1907,  but  their  power  to  take  official  action  was  not  vested  in  them  by 
law  until  1913.  This  was  so  (because  the  Legislature  made  the  consent  of 
the  Board  of  (Estimate  a  prerequisite  of  the  establishment  of  the  Parkway, 
and  the  Board  of  Estimate  waited  for  five  years  before  it  saw  its  way  clear 
to  give  that  consent.  During  these  five  years,  the  Commissioners  deplored, 
I  venture  to  say,  much  more  earnestly  than  their  accusers  did,  the  condition 
of  the  Bronx  River ;  because  during  those  five  years  the  Commissioners  did 
not  let  the  project  rest.  They  worked  hard  over  it  with  members  of  the  Board 
of  Estimate  and  other  functionaries,  not  only  that,  but  they  did  it  volun- 
tarily for  some  years,  without  pay  of  any  kind,  whereas  it  is  yet  to  be  shown 
that  the  gentlemen  bringing  the  charges  were  heard  from  at  all  at  that  time. 
Under  those  circumstances,  the  charges  would  have  bordered  on  the  humor- 
ous, were  it  not  for  the  needless  public  expense  they  entailed.  All  the  facts 
were  readily  ascertainable — an  examination  of  the  statutes  of  the  State  on 
the  subject,  to  say  nothing  of  inquiry  at  the  office  of  the  Commission,  would 


90 


have  elicited  them,  yet  no  inquiry  was  made.  During  the  period  when  the 
Commission,  perforce,  was  unal)Ie  to  act,  nothing  was  heard.  Strangely 
enough,  it  was  not  until  the  Commissioners,  in  the  short  space  of  thirteen 
months  after  receiving  power,  had  actually  acquired  almost  half  of  the 
Parkway  Reservation  by  private  agreement  with  the  owners  of  the  property, 
and  without  condemnation  proceedings,  that  they  were  charged  with 
neglecting  their  duties  during  a  period  when  they  did  not  have  authority 
to  act. 

The  charges  were  referred  by  Governor  Glynn  to  :Mr.  John  Godfrey  Saxe, 
as  Special  Commissioner.  The  Commissioners,  knowing  their  triviality, 
moved  to  quash  them  for  insufficiency,  and  they  were  ultimately  di.smissed, 
and  the  needless  expense  occasioned  by  them,  as  usual,  fell  upon  the  public. 

The  Attciiit^t  to  Force  the  Coiiiiiiission  into  Premature  Condemnation 
Proceedings  Through  Mandamus 

In  Xovember,  1914,  a  former  Justice  of  the  New  York  Supreme  Court, 
and  an  owner  of  land  in  the  Parkway  Reservation,  brought  a  proceeding  in 
the  Supreme  Court  of  New  York  County  against  the  Commission,  in  which 
this  former  stipendiary  of  the  County  government  attempted  to  force  the 
Commission,  through  the  mandate  of  judicial  order,  to  bring  condemnation 
proceedings  at  once  in  the  Parkway  Reservation.  The  questions  raised  by 
this  proceeding  were  of  great  importance  to  the  taxpayers  of  the  City  of 
New  York  and  County  of  Westchester.  Had  the  ex-Justice  been  successful, 
it  would  have  meant  virtually  the  end  of  the  Commission's  being  able  to 


1 

■ 

m 

■PPPPpi9«  "'^'iSS^  '''» 

IXl-XD.\TED    L.\XDS    IN    THE    XURTII    WHITE   PL.MXS  SECTION 

91 


buy  property  at  private  sale.  Some  idea  of  what  that  would  have  meant 
can  be  gathered  by  perception  of  the  fact  that,  in  the  ,seven  months  elapsing 
since  the  proceeding  was  brought  and  the  present  time,  the  Commission  has 
entered  into  agreements  with  various  owners  covering  parcels  worth  an  aggre- 
gate of  $720,659.  Fortunate,  indeed,  it  is  for  the  tax-laden  communities  of 
New  York  City  and  Westchester  that  the  Supreme  Court  did  not  either  share 
the  views  of  its  former  incumbent  as  to  what  the  Commission  ought  to  do, 
or  find  any  authority  for  the  unnecessary  burden  of  condemnation  proceed- 
ings, which,  though  benefiting  condemnation  lawyers,  real  estate  "  experts." 
so-called,  condemnation  commissioners  and  stenographers,  would  all  have 
been  at  the  expense  of  the  public  of  New  York  City  and  Westchester  County. 
It  is  not  necessary  to  give  any  detailed  account  of  the  proceeding.  It  will 
suffice  to  say  here  that  the  ex-Justice  wanted  $215,275.  for  his  land,  when 
the  highest  figure  the  Commission  felt  justified  in  oflfering,  after  considera- 
tion of  independent  appraisals  by  experts,  was  $55,531.  The  proceeding 
was  argued  at  the  , Special  Term,  and  the  Court,  in  deciding  to  dismiss  it. 
said:  I 

"  On  the  contrary,  they  (the  Bronx  Parkway  Commissioners)  have  improved  the 
property  by  removing  nuisances  and  otherwise  bettering  its  condition.  That  their 
object  in  not  instituting  condemnation  proceedings  is  for  the  purpose  of  first  acquiring 
all  the  land  they  can  by  purchase,  so  as  to  make  the  expense  of  such  condemnation 
as  small  as  possible.  The  papers  utterly  fail  to  show  that  the  Commission  has 
abused  its  discretion,  and  there  being  no  evidence  that  it  has  failed  to  act,  the 
application  must  be  denied." 

Did  the  ex-Justice  then  stop?  Not  a  bit  of  it.  He  appealed  to  the  Appellate 
Division,  which  tribunal  promptly  and  unanimously  affirmed  the  decision  of 
the  Special  Term. 

CHAPTER  III-THE  CONDITION  OF  THE  COMMISSION'S  LAW 
WORK  ON  JUNE  30TH,  1915— ITS  COST— PLANS  FOR  THE 
FUTURE— CONDEMNATION  PROCEEDINGS 

It  is  pleasing  to  report  that  the  Commission's  law  work  is  Well  up-to-date 
in  the  matter  of  routine.  The  details  of  title  closing  have  been  systematized, 
in  so  far  as  system  is  advisable,  but  not  to  the  extent  of  thereby  losing  elas- 
ticity of  action,  which  is  particularly  important  here  as  the  Commission, 
being  dependent  upon  other  authorities  for  funds  to  pay  for  the  lands  it 
agrees  to  buy,  cannot  estimate  far  in  advance  the  precise  time  when  contracts 
of  sale  can  be  consummated.  Even  so,  opportunity  is  planned  for  the  land- 
owner to  examine  the  Title  Insurance  Company's  report  upon  the  title, 
before  he  is  called  upon  to  deliver  his  deed,  and,  when  he  avails  himself  of 
it,  the  nature  of  any  defects  or  encumbrances  is  explained  to  him  and  he  is 
told  just  what  he  must  |do  to  clear  ^p  jhis  title.  The  result  has  been  (not- 
withstanding the  total  ilHteracy  of  some  of  the  landowners)  that  upon 
Schedule  11  (the  one  last  closed)  more  than  seventy-five  per  cent,  of  the  titles 
closed  on  ]the  day  they  were  scheduled,  although  sixty-one  per  cent,  of  the 
vendors  were  not  even  represented  by  attorney. 

To  speak  parenthetically,  the  fact  that  so  many  landowners  have  pre- 
ferred to  act  directly  with  the  Commission  ;rather  than  through  the  medium 
of  an  attorney,  shows  one  striking  advantage  of  private  sale  over  condemna- 
tion.   In  the  latter  case,  lawyers'  charges  and  "  expert "  fees  dig  heavilv 


92 


into  the  award  when  it  is  finally  made,  when,  as  a  matter  of  fact,  the  land- 
owner in  probably  nine  cases  out  of  ten,  knows  much  better  what  his  land 
is  really  worth  than  does  either  his  lawyer  or  his  expert.  The  Commission, 
of  course,  recognizes  agents  where  owners  prefer  to  act  through  them,  but 
the  above  figures  rather  show  ((to  my  way  of  thinking)  that  there  is  no  need 
for  a  landowner  to  pay  over  any  great  part  of  the  money  he  receives  for  the 
land  he  sells  to  his  agents  or  attorneys,  unless  there  are  unusual  circum- 
stances surrounding  his  title. 

To  return  from  what  I  considered  an  excusable  digression,  to  the  record 
of  the  work  of  taking  title.  This  department,  with  the  very  efficient  co- 
operation of  the  Engineering  Department  on  questions  of  description  and 
survey,  scheduled  for  closing  131  separate  titles,  covering  172  parcels  and 
involving  the  payment  of  more  than  $1,000,000,  in  just  21  days,  thereby 
reducing  interest  upon  the  several  contracts  to  a  jninimum.  All  but  twelve 
per  cent,  of  these  titles  were  closed  within  that  time,  and  so  far  as  the  Com- 
mission was  concerned,  they  could  all  have  been  closed  on  time,  had  the 
sellers  been  ready. 

Upon  Schedules  i  to  11,  inclusive,  where  funds  have  been  provided  for 
payment  of  the  parcels  therein  included,  by  the  City  of  New  York  and  the 
County  of  Westchester,  title  has  passed  upon  all  469  parcels,  with  the  excep- 
tion of  12  titles,  the  closings  of  which  have  been  delayed,  either  by  infancy 
proceedings,  or  by  questions  of  outstanding  interests  which  the  respective 
vendors  will  probably  be  able  to  clear  up  in  a  comparatively  short  time. 
Upon  Schedule  12  (the  schedule  of  May  i,  1915),  which  covers  104  parcels, 
title  reports  will  shortly  be  received,  and  contracts  of  sale  have  been  already 
prepared,  in  nearly  all  cases,  and  sent  to  the  vendors  for  their  signatures, 
although  funds  to  pay  for  these  parcels  will  not  be  furnished  for  some  months. 
Upon  Schedule  13  ,(the  schedule  of  June  30,  1915),  where  tentative  agree- 
ments to  purchase  have  been  made  to  this  date,  covering  64  parcels,  bids  for 
title  insurance  have  already  been  invited.  In  other  words,  the  routine  work 
of  this  department  is  as  nearly  abreast  of  the  agreements  with  landowners 
reached  by  the  Commission  in  negotiations,  as  it  is  practically  possible  for 
it  ever  to  be. 

Table  A  of  this  report,  printed  at  page  113,  shows  the  cost  of  land  pur- 
chased or  contracted  for,  and  the  cost  of  title  insurance  upon  it.  from  June 
5,  1913,  to  June  30,  1915. 

Table  B,  printed  at  page  113,  shows  the  entire  cost  of  all  the  Commission's 
law  work  from  July  17,  1911,  to  June  30,  1915. 

The  cost  of  this  law  work  has  been  extremely  low,  phenomenally  so, 
when  put  in  terms  of  percentage  of  the  value  of  the  land  acquired.  Since 
June  5,  1913,  the  land  actually  acquired  and  paid  for  by  the  Commission, 
excluding  all  deferred  closings  or  parcels  under  contract,  has  been  $2,726,- 
671.81.  The  total  cost  of  law  work,  including  fees  paid  to  special  counsel, 
and  disbursements  of  every  nature  chargeable  to  this  department,  including 
salaries,  rent,  furniture  and  office  printing,  amounts  to  $10,285.49,  which 
therefore  makes  about  .0039  of  the  cost  of  the  land  now  bought  and  paid  for, 
without  including  land  under  contract  of  purchase.  The  sum  total  of  all  the 
Commission's  disbursements  to  date  has  been  $3,234,575.44.  Of  this,  the 
$10,285.49  expended  for  law  amounts,  therefore,  to  only  .0032  of  the  total 
expense. 


93 


I  make  no  invidious  comparisons,  but  to  those  who  are  not  impressed 
with  this  record  of  economy,  I  suggest  perusal  pf  the  figures  of  the  cost  of 
law  work  on  other  lands  acquired  in  recent  years  for  park  purposes  within 
a  radius  of  twenty  miles  of  the  City  Hall.  ; 

So  far  as  the  future  is  concerned,  the  Commission's  present  law  machinery 
will  be  adequate  only  until  such  time  as  condemnation  proceedings  are  in 
actual  preparation.  When  that  time  arrives,  as  it  inevitably  must,  provision 
will  have  to  be  made  for  coping  with  the  situation  as  ^t  will  then  exist, 
bearing  in  mind  that  there  is  no  escape  from  the  cumbersome  demands  of  the 
Code  of  Civil  Procedure,  which  requires  the  service  of  process  upon  every 
person,  known  or  unknown,  who  has  an  interest  in  any  parcel  of  land  to  be 
condemned,  no  matter  how  small  or  long-forgotten  that  interest  may  be. 
Then  the  duty  of  properly  adducing  testimony  before  Commissioners  of 
Appraisal  will  require  much  work  and  will  be  expensive,  particularly  when 
contrasted  iwith  the  small  amount  the  Commission  has  been  obliged  to 
expend  up  to  the  present  time.  It  must  be  understood,  and  I  desire  now  to 
emphasize  the  statement,  that  the  yearly  cost  of  law  work,  once  condemna- 
tion proceedings  are  under  way,  will  be  much  greater  than  the  minimum 
now  possible.  I  can  only  hope  that  the  Commission  will  be  enabled  to 
continue  its  success  in  acquiring  land  at  private  purchase,  so  that  the  amount 
left  to  be  condemned  will  be  even  further  reduced. 


BRIDLE    PATH    THROUGH    FOX  MEADOWS 


94 


PART  II 

Period  of  June  30,  igi5-JuNE  30.1916 

CHAPTER  IV— OFFICE  ORGANIZATION— ENLARGEMENT 
REQUIRED  FOR  CONDEMNATION  PROCEEDINGS- 
CONFORMATION  WITH  CIVIL  SERVICE  LAW 

Notwithstanding  the  immense  proportion  of  pari<way  land  which  the 
Commission  had  bought  at  private  sale,  or  had  under  contract  up  to  June 
30,  191 5,  the  entire  cost  of  all  of  its  law  work,  not  only  directly  occasioned 
in  taking  title  to  these  lands,  but  necessarily  incidental  to  its  business,  had 
been  conserved  to  the  rate  of  .0039  upon  the  cost  of  the  land  acquired.  Since 
last  year,  however,  the  institution  of  condemnation  proceedings  to  take  the 
balance  of  the  land  made  substantial  professional  and  clerical  enlargement 
of  the  department  a  necessity.  The  extent  of  this  exigency  can  best  be  shown 
by  explaining  that  the  law  work  of  condemning  the  remaining  472  odd  par- 
cels of  land  entailed  investigation  of  the  titles  of  all  the  parcels  to  be  taken, 
preparation  and  printing  voluminous  petitions  in  strict  compliance  with 
statute,  preparation  for  trial  of  objections  interposed  by  property  owners, 
preparation  for  trial,  and  trial  before  commissioners  of  appraisal  of  questions 
of  title  and  value,  supervision  of  the  form  of  the  reports  of  such  commis- 
sioners, and  presentation  of  such  reports  to  the  court  with  briefs,  supervision 
of  the  regularity  of  the  payment  of  damages  finally  awarded,  preparation  of 
papers  and  briefs  upon  any  appeal  taken,  and  the  law  work  on  the  miscel- 
laneous questions  inevitably  accessory  to  condemnation  proceedings. 

There  were  two  ways  of  meeting  the  situation,  either  by  retaining  a 
number  of  trial  counsel  at  a  per  diem  compensation  or  by  building  up  a  law 
department  in  the  office  of  the  Commission,  capable  of  taking  care  of  the  work 
in  its  entirety,  with  the  probable  exception  of  a  few  trials  on  certain  impor- 
tant parcels.  The  Commission  desired  to  avoid  the  first  method  on  account 
of  expense,  as  attorneys  of  appropriate  fitness,  experience  and  standing  in 
condemnation  work,  if  retained  merely  by  the  case  at  so  much  per  da\. 
would  have  to  be  paid  at  least  at  the  rate  of  twenty-five  dollars,  and  as  many 
different  attorneys  as  there  were  different  sets  of  commissioners  would  have 
to  be  retained,  to  prevent  undue  delay.  Furthermore,  busy  attorneys, 
specially  retained  by  the  Commission,  would  frequently  find  that  they  had 
cases  in  court  which  would  have  to  take  precedence  over  their  appearance 
before  the  commissioners  of  appraisal;  it  would  then  be  out  of  the  question 
to  have  other  counsel  prepared  to  take  their  places,  and  many  hearings 
would  have  to  be  postponed,  with  the  net  result  that,  while  competent  trial 
attorneys  could  undoubtedly  be  secured  at  a  rate  per  da.v,  their  bills  would 
be  large,  and  the  proceedings  as  a  whole  would  be  dragged  out.  It  was 
decided,  therefore,  provided  adequate  arrangements  prove  possible  under 
the  many  restrictions  of  the  Civil  Service  Law,  to  attempt  the  ,second 
method  of  such  professional  and  clerical  enlargement  of  the  law  department 
as  would  enable  the  great  bulk  of  law  work,  with  its  attendant  routine  and 
detail,  to  be  handled  by  the  Commission's  own  attorneys  and  clerks,  retaining 
special  trial  counsel  only  for  those  comparatively  few  cases  where  particular 
conditions  made  such  a  course  expedient  from  a  business  point  of  view. 

In  October,  191 5,  the  time  came  to  secure  assistant  counsel  to  undertake 
the  intricate  and  technical  task  involved  in  bringing  the  proceedings  to  the 
point  of  trial  before  commissioners  of  appraisal.    A  subordinate  position 


95 


was  filled  from  a  list  of  junior  counsel,  but  it  was  found,  after  a  thorough 
canvass,  that  no  suitable  civil  service  list,  intended  to  supply  attorneys  for 
more  than  subordinate  positions,  was  in  existence,  and  the  situation  was 
explained  to  the  State  Civil  Service  Commission,  which  ordered  a  special 
civil  service  examination  for  positions  of  assistant  counsel,  and,  in  order  that 
the  work  should  not  be  held  up  pending  the  results  of  such  examination, 
authorized  a  temporary  appointment  of  an  assistant  counsel  for  four  months. 
Mr.  Moses  Ely  received  this  appointment  in  October,  1915,  and  his  efficient 
services  were  a  substantial  factor  in  the  progress  made.  The  result  of  the  civil 
service  examination  for  assistant  counsel  was  certified  in  January,  1916.  and 
three  appointments  were  made  from  the  list  as  follows :  Mr.  Ely's  provisional 
appointment  in  October  was  made  permanent  in  January,  Mr.  John  M.  Lathrop 
was  appointed  in  February,  and  Mr.  Robert  C.  Durland  a  month  later. 

It  was  not  until  March,  1916,  that  development  of  the  condemnation 
proceedings  then  pending  enabled  a  forecast  to  be  made  with  reasonable 
certainty  of  the  full  minimum  needs  of  the  department  for  trial  counsel. 
Application  to  the  State  Civil  Service  Commission  to  exempt  two  positions 
of  deputy  counsel  was  made  both  by  written  communication  and  personal 
appearance  before  the  Civil  Service  Commission  at  a  public  hearing.  The 
impossibility  of  procuring  adequate  results  without  either  the  exemption  of 
the  two  positions  in  question,  or  the  expenditure  of  large  sums  of  money  in 
fees  to  high-priced  attorneys,  specially  retained  for  particular  cases,  was 
appreciated  by  the  Civil  Service  Commission  after  painstaking  attention 
and  consideration.  The  two  positions  were  exempted,  and  in  April,  1916, 
Mr.  William  O.  Gantz  and  Mr.  John  A.  Kemp,  both  lawyers  of  long  experi- 
ence and  proved  ability,  were  appointed  to  fill  them. 

As  the  growth  of  the  condemnation  proceedings  and  the  enlargement  of 
the  department  were  coincident,  it  was  advisable  to  formulate  office  system 
rather  slowly,  and  so  it  was  not  until  this  month  that  the  department,  so 
enlarged,  could  be  said  to  be  fairly  established  on  its  present  basis,  so  as  to 
divide  the  work  and  responsibility  of  the  several  proceedings  to  best  advan- 
tage among  the  several  attorneys. 

Since  September  of  last  year  I  have  submitted  46  separate  written 
reports  to  the  Commission  at  its  meetings,  not  only  to  present  matters 
pertaining  to  the  department  requiring  action,  but  also  that  the  Commission 
might  be  continuously  informed  of  the  headway  made,  and  now  that  the 
department  has  become  so  enlarged,  I  have  adopted  the  practice  of  having 
weekly  meetings  of  the  attorneys,  who  at  that  time  submit  reports  covering 
their  individual  activities  of  the  preceding  week.  My  own  reports  to  the 
Commission  are  predicated  on  the  information  thus  received,  and  so  without 
waste  of  effort,  the  Commission  is  kept  in  constant  touch  with  the  affairs  of 
the  department. 

The  system  of  office  records  has  received  careful  thought,  and,  wherever 
practical,  forms  have  been  devised  to  save  time  and  insure  accuracy,  and  the 
end  of  June  sees  the  establishment  of  the  department  virtually  complete. 

In  May,  the  offices  of  the  executive  and  law  departments  were  moved 
from  100  Broadway  to  the  vicinity  of  the  Grand  Central  Station,  in  a  new 
building  at  the  corner  of  40th  Street  and  Madison  Avenue.  The  process 
of  moving,  while  causing  temporary  inconvenience  and  derangement,  has 
already  greatly  facilitated  business  with  attorneys,  property  owners,  real 
estate  appraisers  and  others,  living  in  Westchester  or  the  Bronx. 


96 


CHAPTER  V— THE  LAST  YEAR'S  LAW  WORK  WITH  REFERENCE 
TO  PROGRESS  MADE  LN  PRIVATE  PURCHASE  OF 
LANDS  AT  PRIVATE  SALE 

We  have  seen  by  Table  A.  page  113,  that  at  the  end  of  June,  1915,  the 
Commission  had  then  acquired  lands  in  the  Parkway,  inchiding  buildings,  for 
which  $2,726,671.81  had  been  paid ;  also  that  contracts  of  sale  had  been 
made  or  arranged  in  Schedules  12  and  13,  covering  164  parcels,  at  the  pur- 
chase price  of  $659,020.  which,  on  June  30,  1915,  were  awaiting  funds  from 
the  city  and  county  authorities  tn  be  carried  into  efTect. 

It  is  now  for  me  to  report  that  the  funds  for  Schedule  12  were  provided 
in  September,  1915,  and  ten  clo>ing  dates  were  arranged  from  September  27, 
1915,  to  October  13,  1915,  and  all  titles  on  this  schedule  closed,  excepting 
ten  titles,  where  incapacity  to  convey  or  other  reasons  have  so  far  prevented 
closing.  Funds  for  Schedule  13  were  furnished  in  November,  1915;  six  clos- 
ing dates  were  fixed  from  November  8th  to  November  15th,  anil  all  titles 
on  this  schedule  were  closed,  excepting  three. 

In  the  meantime,  the  Commission's  continued  efforts  in  negotiating  for 
purchase  at  private  sale,  during  the  summer  and  fall  of  1915,  had  borne 
results  in  contracts  for  22  parcels,  at  a  purchase  price  of  $85,892.  *  (Schedule 
14,  contracts  of  October  15,  1915,  and  December  i,  1915.)  Funds  for  these 
contracts  were  provided  by  the  city  and  county  in  March,  1916,  and  five 
closing  dates  were  fixed  for  March  28th  to  April  6th,  and  all  titles  on  the 
schedule  closed,  excepting  one,  where  a  flaw  in  title  was  the  obstacle. 

The  next  schedule,  and  the  last  one  this  year  for  which  funds  to  close 
have  been  provided,  was  Schedule  15,  contracts  as  of  March  i,  1916,  covering 
23  parcels,  at  a  total  purchase  price  of  $123,490.  Funds  for  this  schedule 
were  provided  in  June,  igi6.  Three  closing  dates  were  set  from  June  12th 
to  June  19th,  and  all  titles  on  this  schedule  were  closed  without  exception. 

Schedule  16,  contracts  of  June  30,  1916,  is,  of  course,  not  closed  yet,  as 
the  funds  in  the  ordinary  course  of  business  cannot  be  furnished  by  the  city 
and  county  authorities  until  the  autumn.  This  schedule  covers  17  parcels 
at  an  aggregate  cost  of  $114,029.  Table  C,  at  the  end  of  this  report  (page 
114I,  shows  the  progress  made,  schedule  by  schedule,  in  the  purchase  of 
land  which  in  value  now  stands  at  $3,744,551.61. 

It  would  be  an  error  to  suppose  because  the  expense  of  the  law  work 
involved  in  obtaining  title  to  the  parcels  of  land  the  Commission  bought 
was  so  small  (see  page  114,  and  in  Table  D  at  page  115),  that  there  was  little 
to  be  done  in  having  a  contract  of  sale  prepared  and  executed,  and  in  having 
the  land  itself  conveyed  under  adequate  title  insurance.  The  owners  of  the 
smaller  parcels  usually  acted  without  attorney,  and  were  often  illiterate,  and 
in  blissful  ignorance  of  the  unpaid  back  taxes  or  other  liens  or  defects 
encumbering  the  title  to  their  properties.  Papers  improperly  drawn  and 
improperly  executed  *  have  frequently  caused  preventable  delay.  To  avoid 
this,  help  was  given  in  a  great  many  instances  by  drafting  powers  of  attor- 
ney, assignments,  and  other  papers  for  vendors  which  they  should  have  pre- 

*  I  remember  one  instance  of  a  deed  which  was  signed  in  South  Carohna  having  to  be  returned 
twice  to  that  State  for  re-execution.  First,  because  the  form  of  acknowledgment,  attested 
by  the  Secretary  of  State,  was  wholly  insufficient  in  substance,  and.  when  that  was  corrected, 
it  had  to  be  sent  back  to  South  Carolina  the  second  time,  because  the  Secretary  of  State  had 
forgotten  to  aflix  his  signature  (a  rather  fatal  omission). 


97 


pared  themselves,  because  time  in  the  end  was  saved.  Questions  on  the  closing 
of  titles  constantly  arose  with  the  title  companies  employed,  which,  after 
painstaking  effort,  have  been  almost  always  adjusted  satisfactorily.  But  the 
payment  of  the  purchase  money  and  the  delivery  of  the  deed  would  not  end 
the  work,  for  the  policies  of  title  insurance  had  to  be  examined  with  care 
by  different  departments,  and  in  many  instances,  returned  for  correction 
before  they  could  be  accepted,  filed  away,  and  paid  for  as  meeting  the  Com- 
mission's properly  strict  requirements. 

To  insure  against  acts  of  inadvertence  in  the  rush  and  confusion  of  closing 
a  number  of  different  titles  on  the  same  day  and  hour,  a  form  of  chart  was 
devised  upon  which  were  checked  all  the  necessary  transactions  pertaining 
to  each  title  closing  before  the  deed  was  accepted,  and  the  purchase  price 
paid  over.  Taking  it  all  in  all.  the  routine  law  work  in  closing  titles  during 
the  last  year  has  been  so  systematized  that  it  has  l)een  carried  through  with 
a  minimum  of  waste  motion  and  expense. 

So  much  for  the  record  of  the  parcels  bought  or  contracted  for  during 
the  last  year  and  the  law  work  incident  to  their  acquisition.  The  cost  of 
such  work  is  so  low  that  the  duty  of  recording  it  becomes  a  pleasure. 

Referring  to  Table  B.  at  page  113.  it  will  be  seen  that  the  cost  of  all  law 
work  to  June  30,  ,1915.  was  $10,285.49.  against  $2,726,671.81  actually  paid 
for  land  acquired  up  to  that  date,  or  .0039  on  the  dollar.  This  year  $1,017.- 
879.80  additional  land  was  bought  and  also  contracted  for  (see  Table  C, 
page  114).  and  the  cost  of  law  work  chargeable  to  it  was  $5,309.50  (see 
Table  D.  page  115),  v.-hich  makes  .0052  on  the  dollar  for  the  year.  Com- 
bining these  figures,  we  have  the  total  of  $3,744,551.61  spent  for  land  with 
$15,594.99  chargeable  against  it  for  law  work,  giving  a  percentage  of  law 
cost  of  .0042  on  every  dollar  expended. 

In  terms  of  law  cost  on  area,  we  find  that  for  the  area  of  land  now 
acquired  at  private  purchase,  equivalent  to  about  7.858  city  lots  of  25  x  100. 
the  total  law  cost  of  every  nature  chargeable  to  it.  to  have  been  $15,594.99, 
which  means  an  average  cost  per  lot  of  $1.98 — less  than  tzi'o  dollars  a  lot! 

CHAPTER  VI— THE  PREPARATION.  COMMEXCEMEXT  AXD 
PROGRESS  OF  CONDEMXATIOX  PROCEEDIXGS 

By  far  the  most  important  work  undertaken  by  this  department  within 
the  \ear  has  been  the  commencement  and  prosecution  of  proceedings  in  the 
X'ew  York  Supreme  Court  under  the  general  condemnation  law.  to  appro- 
priate the  land  in  the  Parkwa\-  area  not  bought  at  private  sale. 

The  Commission,  by  its  efforts  at  negotiation,  has  reduced  the  parcels 
of  land  to  be  condemned  to  a  proliahle  niininuim.  m>  tliat  it  will,  in  all  likeli- 
hood, be  necessary  to  condemn  vn\y  4-j  |iarocls.  exclusive  of  street  lands. 
Condemnation  proceedings,  all  commenced  since  December  last,  are  now 
pending  against  290  parcels,  or  about  62  per  cent,  of  all  the  parcels  to  be 
condemned.  See  Table  E,  page  116.  The  precise  stage  of  development  of 
these  proceedings  is  shown  liy  Table  F  at  page  117,  to  which  I  shall  have 
occasion  to  refer  later. 

But  tables,  after  all.  are  merelx'  figures  and  have  significance  (inl\  to  the 
extent  the  subject  matter  is  understood,  and  the  legal  se<iucstiaii.  n  ..f  real 
property  is  a  subject  the  average  per>on  knows  little  about.     Having  this 


99 


thought  in  mind,  I  shall  preface  my  narrative  of  the  rapid  progress  the  de- 
partment made  in  the  direction  of  condemnation  since  last  December — when 
the  first  petition  was  filed — with  a  brief  description  of  the  system  of  juris- 
prudence in  general  use  in  New  York  State  when  private  property  is  taken 
for  public  use  and  which  system  the  Conmiission  perforce  is  obliged  to  use. 

The  doctrine  of  eminent  domain,  or  the  sovereign  right  of  the  State  to 
appropriate  land  for  a  public  purpose,  upon  making  compensation  to  the 
owner,  is  of  ancient  origin,  evolved  in  England  centuries  ago.*  The  legal 
procedure  through  which  this  right  is  exercised  when  occasion  arises,  is  com- 
monly called  a  condemnation  proceeding  which,  to  most  people,  who  have 
given  the  subject  a  thought,  rightly  means  an  almost  endless  and  compli- 
cated labyrinth  of  wrangling  through  the  courts  to  determine  the  amount 
of  money  a  man,  or  his  descendants,  is  to  ultimately  receive  for  land  taken 
away  from  him  for  public  purposes.  Probably  no  other  field  of  public  work 
has  been  so  permeated  with  an  atmosphere  of  waste,  extravagance  and  scan- 
dal, or  is  regarded  with  such  suspicion  by  the  public  at  large,  as  proceedings 
for  the  condemnation  of  real  property,  nor  is  there  a  subject  over  which  the 
public,  at  large,  is  so  helpless.  Quasi-public  corporations,  such  as  railroad 
companies,  and  the  like,  will  usually,  when  additional  land  is  required,  pay 
exorbitant  prices  to  escape  the  huge  expenses  of  condemnation.  But  the 
directors  of  a  corporation  are  in  a  different  position  from  the  members  of  a 
public  commission  or  the  officials  of  a  municipality.  The  directors  may, 
with  impunity,  pay  more  for  land  than  it  is  worth  and  justify  their  act  to 
the  stockholders  as  good  business  by  showing  condemnation  as  the  alterna- 
tive, but  the  state  or  city  official  can  set  off  no  such  justification  to  which 

*  The  following  sketch  indicates  the  evolution  of  the  New  York  procedure  in  eminent  domain 

In  England,  at  least  after  the  time  of  the  Stuarts,  when  occasion  arose  for  the  appropriation 
of  property  for  public  use,  compensation  therefor  was  made.  For  generations,  a  jury  drawn  as 
for  an  ordinary  trial,  was  employed;  but  gradually  it  was  realized  that  other  agencies  than  juries 
for  ascertaining  the  damages  were  more  practicable,  and  equally  consistent  with  the  principles 
of  the  common  law.  And  so  it  became  the  custom  in  England  to  appoint  commissioners  for 
the  purpose,  and  such  procedure  was  frequently  used  in  England  prior  to  1775.  The  practice 
was  for  Parliament  to  pass  an  act  authorizing  the  taking,  naming  the  commissioners,  etc.,  in 
analogy  to  our  own  method  of  to-day. 

In  the  colony  of  New  York,  before  the  Revolution,  there  seem  to  have  been  few  public  im- 
provements, save  the  laying  out  of  highways  and  turnpikes  in  the  different  counties.  We  clung 
to  the  older  ideas  and  there  was  small  variance  in  the  mode  of  assessing  the  damages. 

As  an  example,  in  1713,  the  colonial  legislature  of  New  York  passed  an  act  for  the  regulation 
of  highways,  authorizing  the  appropriation  of  land  by  agreement  with  the  owners,  if  possible, 
and  providing  therein  that  if  any  dispute  should  arise,  the  same  should  be  determined  by  any 
two  justices  of  the  peace  and  six  of  the  "principal  freeholders  of  the  neighborhood,"  not  having 
any  interest  in  the  land  about  which  such  disputes  arose. 

After  independence  was  an  accomplished  fact,  the  State  of  New  York  on  April  20,  1777, 
adopted  its  first  constitution  and  it  was  therein  and  thereby  ordained  and  declared  that  such 
parts  of  the  common  law  in  England,  and  the  acts  of  the  legislature  of  the  colony  of  New  York, 
as  they  existed  on  the  19th  day  of  April,  1775,  should  be  and  continue  the  law  of  the  State  of 
New  York,  subject  to  such  alterations  as  might  thereafter  be  made  by  the  legislature  of  the  State, 

Nothing  was  expressly  said  on  the  subject  of  eminent  domain,  in  the  first  constitution,  but  in 
1807,  the  legislature  passed  an  act  relative  to  turnpikes  and  provided  for  the  appointment  of 
three  commissioners  of  appraisal, — the  same  to  be  freeholders  of  the  county  in  which  the  land 
was  situated. 

In  the  constitution  of  1821,  a  provision  was  inserted  prohibiting  the  taking  of  private  property 
for  public  use,  without  just  compensation,  but  no  reference  to  the  mode  of  ascertaining  damages 
was  made. 

In  1846,  the  State  Constitution  was  amended  and  followed  in  the  Constitution  of  1894,  and 
in  1913,  it  was  finally  amended,  and  now  provides  as  follows; 

"When  private  property  shall  be  taken  for  any  public  use,  the  compensation  to  be  made 
therefore,  when  such  compensation  is  not  made  by  the  State,  shall  be  ascertained  by  a 
jury,  or  by  the  Supreme  Court  with  or  without  a  jury,  but  not  with  a  referee,  or  by  not  less 
than;  three  commissioners  appointed  by  a  court  of  record,  as  shall  be  prescribed  by  law. 
.    .    .    Art.  1,  Sec.  7." 
From  1807  till  the  enactment  of  the  Condemnation  Law  in  1890,  the  usage  was  for  the  legis- 
lature, either  by  general  or  specific  statutes,  to  authorize  the  appropriation  of  land  for  public 
purposes,  and  to  provide  for  a  method  of  ascertaining  the  damages,  and  the  tribunal  of  "three" 
commissioners  was  conventional. 

In  the  year  1890,  when  the  practice  was  codified  by  incorporating  the  genera!  Condemnation 
Law  into  the  Code  of  Civil  Procedure,  appointment  of  commissioners  was  made  obligatory. 

100 


the  public  will  give  credence,  though  his  motive  is  to  save  the  public  purse 
in  the  end. 

Condemnation  lawyers  realize  this  and  are  not  slow  to  advise  their  clients 
to  hold  out  for  big  prices,  knowing  that  the  public  official  has  practically  no 
alternative  but  condemnation  proceedings,  and  that  means  money  for  lawyer, 
real  estate  appraiser,  stenographer  and  condemnation  commissioner — mostly 
at  the  expense  of  the  party  condemning,  whether  compelled  to  pay  costs 
(theoretically  supposed  to  repay  the  land  owner  for  attorneys,  expert  wit- 
nesses, etc.),  or  not,  for,  in  addition  to  its  own  lawyers,  expert  witnesses  and 
incidental  disbursements,  the  condemnor  must  pay  commissioners  of  ap- 
praisal, appointed  to  ascertain  the  damages,  and  the  official  stenographer 
recording  the  hearings.  But  the  heavy  burden  of  condemnation  expense  falls 
in  part  upon  the  property  owner  as  well.  Sometimes,  when  the  parcel  of 
land  is  a  large  and  .valuable  tract,  and  the  owner  has  credit  or  can  afford  to 
advance  money  without  inconvenience  and  wait  indefinitely  for  recoupment 
through  his  award,  the  burden  is  not  great,  but  the  owner  of  a  comparatively 
cheap  parcel  of  property  is  more  unfortunate.  His  expenses  are  relatively 
greater  than  on  a  valuable  parcel,  and  the  protraction  of  the  proceedings, 
the  uncertainty  of  the  amount  of  damages,  or  when  he  will  get  them,  all 
impose  real  hardship.  This  is  especially  so  when  the  property  owner  is  com- 
pelled to  give  up  his  home  and  perhaps  borrow,  if  he  can,  funds  to  establish 
himself  elsewhere. 

The  procedure,  under  which  the  Bronx  Parkway  Commission,  as  plaintiff, 
must  condemn  property,  is  the  general  condemnation  law  (Code  of  Civil 
Procedure,  Chap.  23),  and  a  more  cumbersome  and  antiquated  method  of 
meeting  a  subject,  troublesome  at  .best,  is  hard  to  conceive.  In  the  first  place, 
the  plaintiff,  or  condemning  party,  must  hunt  up  every  person  who  has  any 
interest  whatsoever  in  the  property,  and  cause  such  person  to  be  personally 
served  with  ,a  copy  of  the  petition  to  the  court  to  condemn  the  real  property. 
If  the  plaintiff  proves  that,  after  exhaustive  efforts,  it  is  unable  to  effect  this 
service,  it  must  publish  the  long  and  cumbersome  petition  in  full  a  number  of 
times  in  two  newspapers.  This  may  be  good  for  the  newspaper  business,  but 
it  is  unnecessarily  burdensome  and  expensive,  and  forces  the  plaintiff  to  make 
a  complete  examination  of  the  title  to  the  property  from  the  earliest  records. 

When  the  plaintiff  finally  secures  so-called  legal  jurisdiction  of  all  the 
people  having  interest  in  the  property,  it  goes  before  the  court  with  its 
petition,  asking  for  judgment  of  condemnation.  If  the  petition  be  granted, 
three  commissioners  are  appointed  to  hear  evidence  of  the  value  of  the 
property  and  to  report  the  amount  of  damages  to  be  paid.  Then  the  usual 
practice  is  for  the  property  owner  to  secure,  in  advance  of  trial,  the  services 
of  two  or  more  real  estate  men  who  will  put  as  high  a  valuation  on  the 
property  as  their  individual  consciences  will  permit,  and  for  the  plaintiff, 
who  knows  that  this  will  be  done,  to  bustle  about  and  retain,  asi  its  expert 
witnesses,  real  estate  people,  who  are  prepared  to  swear  to  a  much  lower 
valuation.  The  case  eventually  comes  to  trial.  The  owner's  real  estate 
expert,  after  solemnly  declaring  that  he  knows  all  about  the  value  of  real 
estate  in  the  vicinity  in  question,  proceeds  to  swear  to  his  opinion  of  its 
value.  Then  commences  a  cross-examination  which  may,  and  sometimes 
does,  last  for  almost  an  interminable  period  of  time.  Repetition  follows 
repetition.    Extraneous  matter  is  adduced  with  profligate  abandon,  with 

102 


the  consequence  that  the  same  useless  material  has  to  be  gone  over  again 
and  again  in  the  trial,  upon  the  question  of  value  of  other  parcels,  although 
conditions  surrounding  such  other  parcels  are  analogous.  The  commissioners 
often  cannot  and  sometimes  even  will  not  curb  the  introduction  of  irrelevant 
matter,  and  the  stenographer,  who  is  paid  for  every  word  transcribed,  has 
no  cause  to  complain.  At  last  the  property  owner  finishes  his  case,  and  the 
plaintiff  puts  his  "  experts  "  upon  the  witness  stand  whose  opinions  contradict 
the  owner's  "  experts."  Finally,  the  commissioners  decide  what  damages 
they  consider  should  be  awarded,  and  their  report  is  brought  up  to  the  Su- 
preme Court  for  confirmation.  Very  frequently,  it  is  set  aside  and  the  lawyers 
go  to  work  cheerfully  to  try  the  case  all  over  again.  This  may  seem  like  an 
exaggeration,  but,  junfortunately.  many  instances  of  its  truth  exist  of  record 
in  this  State.  Even  preposterous  assertions  to  be  properly  refuted  must  be 
refuted  with  facts,  presented  by  capable  attorneys  in  the  form  of  sworn 
testimony  of  the  best  real  estate  appraisers  because  the  mere  charge  that 
testimony  is  grossly  extravagant  does  not  supply  commissioners  or  courts 
with  anything  to  take  its  place  unless  counter  opinions,  having  a  fair  relation 
to  establish  facts,  are  adduced.  Sometimes  claims  are  so  fantastic  that  little 
evidence  is  needed  to  prove  their  absurdity.  T  have  several  such  instances, 
which  actually  took  place  in  the  present  condemnation  proceedings,  reduced 
to  data  lying  upon  my  desk  at  this  precise  instant,  but  inasmuch  as  the 
proceedings  are  pending,  propriety,  much  to  my  regret,  forbids  specific 
identification  of  them  in  this  report. 

Now  why  should  all  this  be.  The  answer  is  that  a  ver>'  time-worn  system 
of  procedure — which  was  all  very  well  when  conditions  surrounding  real 
estate  values  were  primitive  and  simple — has  been  allowed  to  survive  to  the 
present  date  when  such  conditions  are  anything  but  simple.  In  bygone 
years,  in  England,  when  the  procedure  for  taking  property  was  evolved,  the 
exercise  of  eminent  domain  was  pretty  much  confined  to  taking  land  for  a 
highway  road  in  the  open  country.*  The  owners  of  land  in  the  county  were 
called  "  freeholders  "  and  they  not  only  lived  on  their  land,  and  so  were  known 
to  their  neighbors,  but  they  also  knew  better  than  anybody  else  how  much 
their  land,  and  their  neighbors'  land,  was  worth.  Hence,  a  law,  requiring 
that  every  person  owning  any  interest  at  all  in  land  to  be  condemned,  should 
receive  personal  notice,  or  his  absence  strictly  accounted  for,  imposed  no 
unreasonable  burden ;  and  when  it  was  necessary  to  fix  the  value  of  the  land 
needed,  a  jury  of  neighboring  freeholders  was  obviously  the  most  efficacious 
instrument  of  arbitration.  Conditions  are  very  different  now.  We  condemn 
for  railroads,  canals,  docks,  subways,  bridges,  public  buildings — taking  not 
only  city,  town  and  country  land,  but  offices,  homes,  apartments,  factories, 
and  whatever  structures  or  even  parts  of  structures  stand  in  the  way. 
Instead  of  having  John  Doe,  or  the  widow  and  heirs  of  John  Doe,  as  the  sole 
owners  of  the  property,  we  have,  in  addition,  lessees,  mortgagees,  judgment 
creditors  and  the  like,  scattered  all  over  the  country,  sometimes  to  the  tune 
of  hundreds,  and  yet  we  still  cling  to  the  tradition  of  the  past  about  personal 
service  of  process  which  has  become  unnecessarily  burdensome,  and  we  still 
appoint  juries  of  three  to  pass  upon  highly  complex  and  technical  rules  of 
evidence  to  determine  the  present  day  problematic  and  often  ephemeral 
value  of  land.  These  juries  or  commissioners,  as  we  now  call  them,  even 
*  See  footnote  on  page  100. 

104 


PHOTOGRAPH  OF  HOUSE  IN  SECTION  I 

Cut  in  half  and  to  be  taken  in  condemnation  proceedings 

when  honest  and  capable,  cannot  take  the  place  of  a  judicial  officer  of  special- 
ized experience,  regularly  elected  or  appointed  for  a  term  of  years,  whose 
whole  time  is  devoted  to  the  work.  Lay  commissioners  may  try  a  few  con- 
demnation cases  during  their  respective  lifetimes  in  addition  to  vocational 
duties.  A  judge  can  try  many  such  cases  during  the  course  of  a  single 
year  in  office  and  being  a  responsible  public  official,  can  properly  be  vested 
with  authority  which  cannot  with  safety  be  committed  to  lay  appointees 
for  single  cases.  Such  appointees  cannot  be  expected  to  prevent  the  intro- 
duction of  a  mass  of  useless  and  redundant  stuff  as  evidence  by  inexperienced 
attorneys,  nor  properly  enforce  the  attendance  of  attorneys  and  witnesses 
who  drag  out  the  proceedings  by  deliberately  allowing  other  business  to 
interfere,  so  that  often  when  commissioners  of  appraisal  meet  they  have  to 
adjourn  because  someone,  whose  presence  is  necessary,  prefers  to  attend  to 
other  matters.  If  trials  were  conducted  by  a  judge,  his  decisions  would 
still  be  subject  to  review  by  the  higher  courts,  but  one  entire  step  in  the 
nresent  procedure  would  be  eliminated  because,  when  lay  commissioners 
make  their  report,  the  evidence  must,  in  any  event,  be  reviewed  at  length  by 
the  court,  so  there  is  no  saving,  even  in  judicious  salary,  which  is  but  a 
minute  fraction  of  the  enormous  waste  the  present  unscientific  system  entails. 

Condemnation  proceedings  will  continue  to  be  a  public  necessity,  and, 
as  there  is  a  natural  tendency  to  imbue  into  customs  of  the  law,  formu- 
lated in  the  past,  a  certain  sanctity  of  age,  reformation  here  must  come 
slowly — particularly  as  a  host  of  beneficiaries  of  the  present  slovenly  system 
are  always  ready  to  cry  loudly  against  change.  But  as  conditions,  which 
establish  land  values,  grow  more  and  more  complex  and  time  becomes  of 


105 


greater  value,  the  need  for  drastic  modification  in  tliis  branch  of  law  is 
intensified. 

The  City  of  New  York  already  has  been  able  to  obtain  far-reaching 
relief  from  the  Legislature  by  the  enactment  into  the  City  Charter  (Charter 
of  The  City  of  New  York,  Sections  1431  to  1452,  inc.,  Laws  of  1915)  of  a 
statute  which  does  much  to  emancipate  it  from  the  waste  in  proceedings 
which  obtains  under  the  general  condemnation  law.  Every  reasonable  safe- 
guard to  the  owner  of  the  property  is  still  left  to  him  to  have  notice  of  the 
proceedings,  and  he  still  has  his  day  in  court  in  which  to  put  in  his  defense 
to  the  lands  being  taken,  but  instead  of  appointing  three  commissioners, 
the  question  of  value  can  be  tried  in  the  first  instance  by  a  justice  of  the 
Supreme  Court  sitting  without  a  jury.* 

So  much  for  an  explanatory  outline  of  the  problem  which  faced  the  Com- 
mission in  the  summer  of  1915,  which  will  not  have  been  written  in  vain  if 
it  brings  clearly  to  the  minds  of  those  who  read  it,  the  fact  that  condemnation 
proceedings,  as  the  Bronx  Parkway  Commission  must  conduct  them  under 
the  general  condemnation  law  of  the  State,  are  grossly  extravagant,  particu- 
larly when  compared  to  the  trifling  expenses  of  purchase  at  private  sale.f 
So  the  fact  that  the  Commission's  efforts  to  buy  lands  at  reasonable  values, 
resulting  as  they  did  in  the  acquisition  by  purchase  of  about  two-thirds  of 
the  Parkway  without  condemnation,  means  that  the  Commission,  literally 
speaking,  has  saved  the  City  of  New  York  and  the  County  of  Westchester 
many  hundreds  of  thousands  of  dollars  in  expenses. 

But  while  expense  under  the  general  condemnation  law  must  be  heavy, 
there  is  every  reason  to  expect  that  the  expense  of  the  proceedings  the  Commis- 
sion must  prosecute  to  secure  the  property  remaining,  can  be  kept  to  a  mini- 
mum— with  the  co-operation  of  the  five  sets  of  commissioners  of  appraisal 
already  appointed,  for  after  all  has  been  said,  the  cost  of  the  proceedings  will 
depend  very  largely  upon  the  commissioners  of  appraisal,  and  the  Bronx 
Parkway  Commission  is  to  be  congratulated  because  of  the  able,  and  well 
qualified  men  who  have  thus  far  been  appointed  as  commissioners  of  appraisal 
— men,  who  will,  without  doubt,  while  giving  the  owners  a  square  deal,  co- 
operate in  saving  all  the  moneys  possible  for  the  City  and  County,  handi- 
capped as  all  of  us  are  by  the  primitive  system  to  which  twe  are  bound. 

I  come  now  to  the  record  proper  of  the  condemnation  proceedings  thus 
far  instituted  by  the  Commission. 

The  first  step,  preparatory  to  their  actual  conmiencement  was,  as  I  have 
indicated,  the  complete  knowledge  of  the  title  to  approximately  470  parcels 
of  land  to  be  taken,  exclusive  of  street  lands,  upon  which  the  identity  and 
whereabouts  of  all  persons  who  had  any  interest  in  any  of  them  could  be 
predicated.  As  this  knowledge  could  be  obtained  far  more  cheaply  by  a  title 
company,  having  an  established  plant,  than  by  the  Commission,  a  sealed 
bid  for  the  award  of  a  proposed  contract,  covering  this  huge  task  of  title 
examination,  was  invited  in  July,  1915,  from  three  responsible  title  companies 
operating  in  the  district.  In  drawing  this  contract  so  as  to  secure  the  maxi- 
mum result  for  the  minimum  cost,  we  were  unable  to  find  a  precedent.  This 
can  better  be  understood  by  comparing  the  accepted  bid  of  $12,957.51,  with 

*  The  first  condemnation  case  tried  by  a  justice  of  the  Supreme  Court  was  that  of  "Matter  of 
opening  West  230th  Street"  tried  before  Justice  George  V.  Mullan,  in  Bronx  County,  on  Febru- 
ary 28th  and  29th,  and  decided  March  16,  1916. 

t  This  I  stated  a  year  ago.    See  page  94. 

107 


the  next  bid  of  $39,500.00,  and  the  highest  bid  of  $56,400.00.  The  first  in- 
stalment of  title  reports  was  received  about  the  middle  of  September,  but  the 
uncertainty,  as  to  whether  the  proposed  constitution  would  be  ratified  by  the 
electorate  in  November,  made  postponement  of  the  preparation  and  filing 
of  the  first  petition  advisable,  for  if  the  proposed  constitution  had  been 
adopted,  it  would  have  very  substantially  modified  the  procedure  to  be 
followed. 

Early  in  November,  work  upon  the  first  petition  was  commenced.  The 
Parkway  area  was,  for  the  purpose  of  condemnation  proceedings,  divided 
into  si.x  sections.  The  plan  was  adopted  of  bringing,  as  soon  as  possible,  a 
general  proceeding  against  those  parcels  in  each  section  where  sufficient 
information  to  draw  the  petition  had  been  procured,  and  later  to  bring  another 
proceeding  covering  the  parcels  which  were  omitted  from  the  first  proceeding. 
By  this  means  it  was  proposed  to  have  six  different  sets  of  commissioners 
of  appraisal  appointed  for  the  entire  Parkway  area  to  be  condemned,  and  this 
plan,  which  has  been  carried  out  upon  the  five  general  proceedings,  already 
well  under  way,  has  unquestionably  resulted  in  advancing  the  work  as  a  whole, 
as  rapidly  and  expeditiously  as  any  mode  of  dividing  up  the  territory  into 
proceedings,  which  could  have  been  devised.  The  courts  have  co-operated 
with  this  plan  of  avoiding  an  unnecessary  number  of  different  sets  of  com- 
missioners condemning  land  in  the  same  section,  by  appointing  in  the  few 
separate  proceedings  which  have  been  so  far  brought,  the  same  commissioners 
appointed  for  the  first  general  proceeding  upon  the  section. 

The  five  proceedings  pending  were  brought  in  the  following  order : — 
Proceeding  i  (The  Bronx),  was  commenced  in  December,  1915. 
Proceeding  2  (White  Plains),  was  brought  on  later  in  February. 
Proceeding  3  (Bronxville  to  Crestwood),  was  brought  on  in  April. 
Proceeding  4  (Crestwood  to  Scarsdale),  was  brought  in  May. 
Proceeding  5  (Yonkers  and  Mount  Vernon),  was  brought  in  June. 

Table  No.  F,  page  117,  gives  the  precise  progress  and  status  of  these  five 
pending  proceedings.  The  sixth  general  proceeding  on  the  district  north  of 
White  Plains  to  \'^alhalla,  will  in  due  course  be  brought  in  the  Fall  of  1916. 

The  actual  trials  before  commissioners  of  appraisal  in  Proceedings  Nos. 
I  and  2,  covering  the  Bronx  and  White  Plains  districts,  respectively,  were 
commenced  in  April.  Trials  in  Proceeding  No.  3  (Bronxville)  were  commenced 
in  May,  and  arrangements  will  be  made  for  trials  on  Proceeding  No.  4  (Crest- 
wood to  Scarsdale),  and  on  Proceeding  No.  5  (Yonkers  and  Mount  Vernon), 
immediately  after  the  summer  recess. 

Mr.  Henry  R.  Barrett,  of  White  Plains,  because  of  his  ability  and  great 
familiarity  with  the  section,  has  been  retained  as  special  trial  counsel  for  a  few 
of  the  important  parcels,  and  it  is  expected  that  the  attorneys  in  the  depart- 
ment will  be  able  to  efficiently  take  care  of  all  other  trials. 

It  must  not  be  thought  that  the  proceedings  thus  far  instituted  and 
carried  as  to  so  many  parcels  through  judgment  to  the  point  of  trial  of  the 
amount  of  damages  to  be  awarded,  have  been  brought  to  that  stage  without 
opposition.  Contests  upon  various  grounds  were  raised  involving  18  different 
parcels.  (See  Table  F,  page  117.)  One  property  owner  claimed  that  the  entire 
Parkway  Act  was  not  constitutional,  but  it  is  not  necessary  to  go  into  the  de- 
tails of  these  litigations.  It  suffices  to  say  that  every  single  contest  brought 
was  unsuccessful,  and  costs  in  all  cases  where  trials  were  had  were  awarded 


109 


in  favor  of  the  Commission  and  against  the  contesting  property  owner. 
Objections  interposed  in  two  instances  have  not  yet  reached  trial.*  Your 
law  department,  therefore,  has  a  clean  record  of  loo  per  cent,  success  in  all 
of  the  contests  brought  to  trial.  Appeals  may  be  taken  by  some  of  the 
property  owners  to  the  Appellate  Division  of  the  Supreme  Court,  and  the 
judgments  of  condemnation  obtained  by  the  Commission  modified  or  re- 
versed by  that  tribunal.  As  to  that,  as  this  is  a  report  and  not  a  prophecy, 
I  simply  give  the  record  as  it  stands  to-day. 

Table  G  of  this  report,  printed  at  page  ii8,  gives  in  detail  the  287  parcels 
of  land  included  in  the  different  proceedings  in  which  judgment  of  condemna- 
tion had  been  granted  on  June  30,  1916 — six  months  after  the  first  pro- 
ceeding was  commenced.  The  dates,  however,  when  title  to  these  parcels 
passed  to  the  Bronx  Parkway  Commission  were  not  when  these  judgments  of 
condemnation  were  respectively  granted,  but  were  determined  as  to  all  the 
parcels  embraced  in  one  proceeding  by  the  date  when  the  commissioners  of 
appraisal  appointed  by  the  judgment  in  that  particular  proceeding  filed  their 
oath  in  the  County  Clerk's  Office  as  required  by  Statute.  The  last  column 
to  the  left  in  Table  |G  (page  118)  ^ives  the  different  dates  when  these  oaths 
were  respectively  filed  and  therefore  serves  as  a  record  of  the  precise  day 
when  title  to  each  parcel  passed  to  the  Commission  by  condemnation. 


CHAPTER  VII— MISCELLANEOUS  LAW  WORK— REPORTS- 
OPINIONS— LITIGATIONS 

Public  work  of  magnitude,  particularly  when  affecting  property  rights 
of  many  hundred  individuals,  raises  in  its  progress  a  veritable  swarm  of 
questions,  some  big,  some  little,  but  all,  unless  carefully  handled,  likely  to 
grow  into  vexatious  disputes  or  even  costly  law  suits  later  on.  The  depart- 
ment had  diverse  questions  to  meet  and  many  required  careful  examination 
of  the  pertinent  law.  Very  wisely,  the  Commission  avoided  the  expense  of 
several  thousand  dollars  in  the  purchase  and  maintenance  of  a  library  of 
law  books,  which  would  become  useless  in  a  few  years,  by  securing  a  member- 
ship in  a  law  library,  which  has  been  frequently  used  by  the  several  attorneys 
of  the  department  at  nominal  cost. 

Now,  I  have  no  intention  of  enumerating  the  many  matters,  outside  of 
routine  work,  where  reports  have  been  made,  or  opinions  have  been  fur- 
nished, or  contracts  and  the  like  have  been  prepared  or  examined,  for  noth- 
ing will  be  gained  by  such  enumeration.  I  shall,  however,  to  show  the  varied 
character  of  such  matters  with  sufficient  completeness,  cite  half  a  dozen 
representative  items  coming  to  mind. 

A  question  arose  as  to  storm  water  drains,  on  Sheet  21.  The  relevant 
law  was  examined  and  opinion  furnished. 

An  elaborate  contract  on  the  engineering  work  of  the  proposed  viaduct 
to  connect  the  cities  of  Mount  Vernon  and  Yonkers  at  Vermont  Avenue  was 
examined  and  approved  with  modifications. 

A  standard  form  of  notice  to  persons  maintaining  advertising  billboards 
on  the  Parkway  was  prepared  and  adopted. 

An  opinion  on  the  alien  labor  law  was  given. 
*  Sheet  5  Parcel  29  and  Sheet  25  Parcels  41  and  42. 


110 


A  special  report  on  questions  of  law  in  connection  with  the  proposed 
Tibbits  Avenue  viaduct  at  White  Plains  was  given. 

The  law  relating  to  the  liability  of  the  land  acquired  by  the  Commission 
for  local  assessments  was  examined  and  opinion  furnished. 

Under  Section  18-A  of  the  Parkway  Law  (see  page  121),  the  Commission 
has  power  to  acquire  additional  lands  adjacent  to  the  Reservation,  through 
which  flows  a  brook  or  stream,  tributary  to  the  Bronx  River,  provided  that 
the  local  authorities  request  such  action  and  agree  to  pay  half  of  the  cost. 
The  town  of  Mount  Pleasant  petitioned  the  Commission  to  acquire  a  strip 
of  land  near  the  Kensico  Dam  at  Valhalla.  The  petition  for  this  action,  the 
proper  resolutions  and  other  extremely  technical  papers,  including  contracts 
and  options,  were  prepared  by  this  department. 

The  mechanical  work  of  drafting  into  satisfactory  form  a  bill  to  amend 
the  Parkway  Law  by  clarifying  some  of  the  provisions  of  the  original  act, 
largely  fell  upon  this  department.  A  number  of  consultations  were  had, 
and  the  bill  was  duly  passed  and  became  Chapter  599  of  the  Laws  of  1916. 

The  full  text  of  the  Parkway  Law,  omitting  only  the  detailed  description 
of  the  reservation,  has,  for  convenient  reference,  been  printed  in  the  report 
and  will  be  found  at  page  120. 

In  conjunction  with  the  Engineering  Department,  a  permanent  record 
was  prepared  in  which  to  record  the  status  of  all  tlie  parcels  of  land  shown 
upon  the  revised  map  of  the  Parkway. 

So  much  for  the  description  of  miscellaneous  law  work.  I  might  give 
more  illustrations  but  time  and  space  are  valuable. 

As  to  litigations — outside,  of  course,  of  the  condemnation  proceedings — 
they  are  so  insignificant  that  it  would  seem  absurd  to  tabulate  them,  so 
absurd  that  I  shall  do  so  simply  to  bring  out  in  the  clearest  and  shortest 
way  the  fact  that,  notwithstanding  a  year  of  great  activity  in  a  great  public 
project,  law  suits  have  been  avoided  to  the  following  extent : 

*No.  of  litigations  pending  June  30,  191 5   i 

t   "    "         "        instituted  since  June  30,  191 5   i 

"    '■         "        disposed  of  during  the  year   o 

Total  No.  of  litigations  pending   2 

CHAPTER  VIII— CONCLUSION 

The  tables  appended  to  the  report  will  show,  in  terms  of  figures,  the  head- 
way made  in  private  sale  for  the  last  two  years,  and  the  progress  made  in 
condemnation  proceedings  since  the  first  petition  was  filed,  six  months  ago. 
Tables  of  cost,  which  I  have  already  referred  to,  will  also  be  found,  and  I 
have  separated  the  items  so  that  one  may  tell  at  a  glance  what  has  been 
expended  to  date  in  general  law  work,  and  what  has  been  expended  in  con- 
demnation. It  is  useless  to  speculate  upon  the  probable  cost  of  condemna- 
tion, though  it  will,  perhaps,  be  possible  to  estimate  it  with  fair  accuracy 
when  some  of  the  proceedings  have  been  finished,  but  that  must  be  for  a  later 
report.  It  is  sufficient  to  say  now  that  every  effort  is  being  made  to  keep 
expenses  to  the  lowest  mark.    The  work  has  not  yet  reached  its  maximum, 

*  Bonavia  v.  Robson  on  calendar  awaiting  trial. 

t  Jackraan  v.  Bronx  Parkway  not  yet  placed  upon  calendar  for  trial. 


Ill 


and  it  remains  to  be  seen  whether  your  staff  of  attorneys  will  be  sufficient 
to  limit  the  employment  of  special  counsel  to  the  trial  of  the  cases  contem- 
plated. It  is  certain  that  the  professional  capacity  of  the  department,  as  it 
is  at  present  constituted,  will  be  taxed  to  the  utmost. 

The  clerical  force,  at  the  present  time,  consists  of  two  clerks,  one  process 
server,  four  stenographers,  and  one  telephone  operator.  This  will  only  be 
sufficient  for  the  summer  months,  and  in  the  autumn,  the  services  of  more 
clerks  will  be  essential  to  properly  keep  up  to  date  the  rapidly  growing 
records  of  the  office,  and  to  prevent  other  miscellaneous  matters  of  routine 
from  running  behindhand.  I 

It  is  a  pleasure  for  me,  before  closing,  to  make  a  specific  matter  of  record 
the  loyal,  efficient  and  well-sustained  efforts  of  the  attorneys  and  clerks  who 
have  been  taken  into  the  department  under  my  supervision,  and  to  assure 
you  that  a  mere  perfunctory  performance  of  duty  on  their  Jpart  would  have 
made  the  progress  recorded  a  sheer  impossibility,  and  lastly,  I  permit  myself 
a  word  to  express  my  own  satisfaction  at  my  opportunity  to  share  in  the 
work  of  the  great  public  project  you  have  so  successfully  undertaken. 

I  remain,  with  respectful  esteem. 

Very  truly  yours, 

Theodosius  F.  Stevens, 
Dated  New  York,  June  30,  1916.  Counsel  to  the  Commission. 


TAKING  ADVANTAGE  OF  FLOODED  CONDITIONS 


112 


TABLE  A  OF  COUNSEL'S  REPORT 


Lands  Acquired,  and  Under  Contract,  Etc. — June  5,  1913  to  June  30,  1915 


Contract  Price, 
Including 
Buildings 

Cost  of  Title 
Insurance* 

Average  Cost  of 
Title  Insurance 
Per  Parcel 

Land  acquired  by  purchase  and  paid  for .  . 
Twelve  closings  deferred  on  account  of 

question  of  title  

Land  under  contract  (Schedule  12) 
Agreements  to  purchase  (Schedule  13)  . . 

Total  

$2,726,671.81 

86,096.80 
506,762.00 
152,258.00 

$15,229.18 

363.38 
2,603.74 
909.16 

$33.32 

30.28 
26.04 
14.20 

§3,471,788.61 

$19,105.46* 

$30.18 

TABLE  B  OF  COUNSEL'S  REPORT 

Cost  of  Law  Work— July  17,  1911,  to  June  30,  1915 


Rent  (August  1,  1914,  to  date)   $660.00 

Salaries,  Regular  (August  1,  1914,  to  date)   4,217.96 

Paid  Special  Counsel  (July  17.  1911,  to  date)   4,416.57 

(This  item  includes  all  sums  paid  to  special  counsel  for  special  services 
of  every  nature,  from  July  17,  1911,  to  date,  including  the  cost  of  suc- 
cessfully defending,  at  Special  Term  and  Appellate  Division,  the  pro- 
ceeding to  mandamus  the  Commission  to  commence  condemnation  pro- 
ceedings, and  also  the  cost  of  dismissing,  as  trivial  and  insufficient,  the 
charges  brought  to  remove  the  Commissioners  before  the  Governor's 
special  Commissioner.) 


Traveling  expenses,  serving  processes   10.60 

Extra  stenographic  hire  to  date   518.59 

Stationery,  printing,  supplies,  to  date   384.52 

Sundries  to  date   77.25 

Total   $10,285.49 


*  Subject  to  certain  deductions  upon  titles  where  policies  are  not  finally  accepted,  and  in- 
cludes title  insurance  paid  upon  lands  donated. 


113 


PEACEFULNESS 


FOOT  PATH 


TABLE  C  OF  COUNSEL'S  REPORT 

Lands  Acquired  and  under  Contract  (Excluding  Streets) — June  5, 1915,  to  June  30, 1916 


Lands  acquired,  Schedules  1  to  13,  in- 
clusive, and  shown  in  detail  in  report 
ending  June  30,  1915  

Contract  Price 
with  Buildings, 
but  without 
Interest 

Cost  of  Title 
Insurance* 

Average  Cost  of 
Title  Insurance 
Per  Parcel 

$3,471,788.61 
85,892.00 
123,490.00 
114,029.00 

$19,105.46 
525.71 
594.09 
519.83 

$30.18 
23.90 
25.83 
30.58 

Land  acquired,  Schedule  14  

Land  acquired.  Schedule  15  

Total  

$3,795,199.61 
98,649.00t 

$20,745.09 
59.17 

$29.56 

(No  deduction 
where  report  is 
furnished) 

Less  closings  on  16  parcels  deferred  on 
account  of  vendor's  refusal  or  in- 

83.696.550.61 

$20,685.92* 

Valhalla  Contracts: 

Harlem  Valley  Supply  Co  $8,001.00 

Charles  F.  Wvckoff   17,000.00 

Shelley  Brothers   4,500.00 

Eva  M.  Shelley,  et  al   500.00 

F.  K.  Betts   18,000.00 


*  Subject  to  certain  deductions  where  title  policies 
title  insurance  paid  upon  lands  donated. 


not  finally  accepted,  and  includes 


t  The  closings  upon  16  titles  have  been  deferred  for  the  following  reasons: 


Schedule 

Sheet 

Parcel 

Amount 

Cause 

10 

14 

65 

$410.00 

Infancy  proceedings  pending. 

25 

7 

2,053.00 

Infancy  proceedings  pending. 

12 

10 

108 

100.00 

Vendor  has  not  signed  contract. 

10 

106 

788.00 

Outstanding  tax  liens. 

3 

4 

3,538.00 

Foreclosure  pending,  to  clear  title. 

11 

2,  3,  4,  5  and  6 

78,900.00 

Owner  has  not  signed  contract. 

8 

Strips 

1,242.00 

Mtgs.  held  by  persons  unknown. 

30 

40 

200.00 

Owner  has  not  signed  contract. 

14 

56 

400.00 

Owner  has  not  signed  contract. 

12 

15 

6,512.00 

Owner  has  not  signed  contract. 

26 

16 

725.00 

Outstanding  tax  liens. 

30 

37 

202.00 

Outstanding  tax  lien. 

5 

16,  28 

1,450.00 

Legal  incapacity  to  convey. 

10 

12 

610.00 

Cloud  on  title. 

10 

76 

767.00 

Legal  incapacity  to  convey. 

27 

752.00 

Fee  interest  in  unknown  owners. 

Total  

$98,649.00 

114 


TABLE  D  OF  COUNSEL'S  REPORT 


Cost  to  June  30,  1916,  of  all  Law  Expenses,  Both  General  and  Condemnation 


General  Law  Expenses* 

Condemna- 
tion 
Expenses* 

Grand  Total 

July,  1911 
to 

June  30,  1915 

June  30,  1915 
to 

June  30,  1916 

October,  1915 
to 

June  30,  1916 

Rent  

$  660.00 
4,217.96 

4,416.57t 
518.59 

$  600.00 
4,500.00 

$  487.50 
12.275.79 

388.25 
24.45 

170.66 

722.00 

4,869.77 

351.40 
167.17 
223.65 

1,708.92 
180.78 

1,008.44 
442.30 
120.11 
230.07 

$1,747.50 
20,993.75 

4,804.82 
665.54 

170.66 

722.00 

362.00 
522.01 
223.65 

1,708.92 
210.46 

1,008.44 
529.30 
120.11 
307.32 

Paid  Counsel,  retained  for  special 

Extra  stenographic — clerical  hire .... 
Clerk's  fees  on  entering  judgments. 

122.50 

Paid  for  Appraisals,  and  attendance 
of  expert  witnesses  

Title  examination  for  condemnation 

Traveling  expenses,  serving  process, 
etc  

10.60 
1  354.84 

Stationery  supplies,  letterheads,  etc. 
Printing  law  forms  

Law  printing  in  condemnation  pro- 
ceedings, petitions,  judgments,  etc. 
Office  supplies,  record  books,  etc .... 
Minutes  of  condemnation  hearings.  . 

29.68 

87.00 

77.25 

Total  

510,285.49 

$5,309.50 

$23,371.26 

$38,966.25 

*  The  total  general  law  expenses  of  $15,594.99  covers  a  period  of  four  years,  from  July,  1911 
to  June  30,  1915.  The  total  condemnation  expenses  of  $23,371.26  covers  the  nine  months  during 
which  proceedings  have  been  in  preparation  and  progress,  namely,  from  October,  1915,  to 
June,  1916. 

t  See  Table  B  of  this  report. 


115 


TABLE  E  OF  COUNSEL'S  REPORT 

Showing  Relative  Number  of  Parcels  Purchased  or  to  be  Condemned 


(Excluding  Streets) 


Sheet 

Parcels  Acquired 
or  under  Contract 
or  owned  by  R.  R. 

Companies  and 
under  Negotiation 
for  Purchase  or 
which  for  Special 
Reasons  Need  not 
be  Condemned 

Parcels 
on  which 
Condemnation 
Proceedings 
are  Pending 

Parcels 
Remaining 
which  must  be 
Purchased  or 
Condemned 

Total 

1  

63 

27 

4 

94 

2  

33 

9 

2 

44 

3 

36 

12 

4 

52 

4  

22 

33 

5  

70 

11 

3 

84 

6  

3 

9 

46 

22 

5 

73 

8  

14 

U 

7 

32 

53 

2 

5 

60 

10  

77 

11 

1 

89 

11  

26 

19 

1 

46 

12  

16 

7 

2 

25 

13  

76 

16 

2 

94 

14  

46 

19 

2 

67 

15  

19 

34 

3 

56 

16  

5 

5 

1 

17  

3 

2 

5 

18  

4 

4 

19  

6 

6 

20  

6 

6 

21  

5 

5 

22  

2 

2 

23  

11 

22 

34 

24  

36 

35 

2 

73 

25  

47* 

16 

9 

72 

26t  

3 

41t 

44 

27t  

17 

lot 

27 

28t  

37 

12t 

49 

29t  

16 

22t 

38 

30t  

13 

39 

52 

Total  

814 

290 

182 

1286 

*  In  addition  to  the  parcels  listed  on  Sheet  25,  there  are  some  32  small  gores  or  strips  of  land 
marking  a  shift  in  the  Bronx  River  bed,  the  Commission  has  acquired  either  by  purchase  or 
ccondemnation,  the  right,  title  and  interest  to  twenty-four  of  these  gores,  which  are  designated 
on  the  map  as  "A"  and  "B"  parcels. 

t  The  general  condemnation  proceedings  have  not  yet  been  brought  on  Sheets  26,  27,  28, 
29,  30  (the  district  north  of  White  Plains  and  Valhalla).  Proceedings  will  be  instituted  upon 
these  sheets  in  the  autumn. 


116 


TABLE  F  OF  COUNSEL'S  REPORT 


Analysis  of  Progress  of  Condemnation  Proceedings  pending 
(Excluding  Streets) 


Dis- 

Number 

Purchased 

continued, 

Objections 

Trial  on 

Judgment 

of  Parcels 

after 

Jurisdiction 

Objections 

Overruled 

Objections 

of  Con- 

Sheet 

in  Pro- 

Petition 

not 

Filed 

with 

Pending 

demnation 

ceedings 

Filed 

Obtained 

Costs 

Granted 

1 

28 

27 

2 

9 

i 

9 

3 

13 

i 

12 

4 

10 

10 

5 

12 

i 

10 

6 

1 

7 

22 

22 

8 

12 

11 

9 

3 

i 

2 

10 
11 

13 
19 

19 

12 

7 

13 

16 

16 

14 

20 

i 

19 

15 

34 

34 

16 

5 

4 

•i 

5 

17 

2 

2 

2 

2 

23 

22 

6 

6 

22 

24 

38 

3 

2 

2 

35 

25 

16* 

2 

2 

14 

Total  

302 

9 

3 

18 

15 

3 

287 

*  This  number  does  not  include  5  small  gores  or  strips  of  land  marking  a  shift  in  the  Bronx 
River  bed,  designated  on  the  map  as  "A"  parcels.  (See  foot  note  (*)  to  Table  E  on  preced- 
ing page.) 


117 


TABLE  G  OF  COUNSEL'S  REPORT 

Detail  Analysis  of  the  Parcels  of  Land  (Exclusive  of  Street  Lands)  upon  which  Judg- 
ment OF  Condemnation  had  been  Granted  on  June  30,  1916,  and  also  Containing 
THE  Dates  on  which  the  Title  to  each  Parcel  Vested  in  the  Bronx  Parkway 
Commission 


Condemna- 
<^  tion 
Proceeding 
Number 

Number  of  Parcels  in  the  Proceedings  by  Sheet  and 
Parcel  Number  on  Bronx  Parkway  Commission  Map 

Date  Title 
Vested  in 
Commission 

Number 

Number  of 
Parcels 

Parcel  Number 

1 

2 
3 
4 

27 

8 
9 
10 

3,  4.  9,  11,  13,  15,  20,  21,  24,  26,  32,  33, 
38,  39,  40,  41,  48,  49,  55,  61,  62,  63, 
65,  67,  68,  89,  90 

2,  5,  21,  22,  23,  34,  35,  46 

1,  11,  12,  18,  22,  31,  39,  40,  51 

4,  5,  6t,  7,  8,  15,  18,  20,  21,  36 

April  11,  1916 

1-A 

3 

3 

27,  28,  29 

April  29,  1916 

1-B** 

2 

12 

July  13,  1916* 

2 

23 
24 

25 

16 

33 

10 

3,  5,  8,  10,  12,  22,  23,  27,  28,  30,  31,  32, 

34,  35,  36,  39 
2t,  4,  6,  7,  9,  11,  13,  14,  15,  18,  19,  21, 

22,  23,  27,  32,  33,  34,  35,  36,  37,  38, 

39,  43,  46,  48,  49,  54,  56,  57,  59,  68, 

71 

24,  31tt,  37,  38,  40,  43,  51  easterly  por- 
tion, 51  westerly  portion,  52,  53 

March  31,  1916 

2-A 

23 

5 

4,  13,  16,  17,  18 

July  17,  1916* 

2-B 

Application  for  judgment  pending 

2-C 

23 
24 

1 

2 

26 

30,  67 

July  17,  1917* 

25 

4 

48,  56,  58,  73 

June  26,  1916 

2-E 

Consolidated  with  proceeding  2-E 

3 

10 
11 

12 
13 

11 
19 

16 

1,  6,  11,  12,  33,  76,  80,  88,  91,  98,  108 

2,  3,  4,  5,  6,  8,  9,  22,  26,  51,  52,  62,  63, 
85,  86,  87,  88,  89,  90 

7,  8,  9,  10,  28,  70,  71 
52,  64,  66,  71,  76,  77,  78,  79,  80,  86,  87, 
9 It,  96,  99,  106,  107 

May  11,  1916 

4 

14 

15 

16 

19 
34 

1,  2,  3,  5,  10,  11,  12,  14,  17,  18,  29,  30, 
32,  35,  36,  37,  48,  51,  71 

2,  3,  4,  6,  7,  8,  9,  10,  12,  13,  14.  15,  16, 
19,  20,  21,  23,  24,  26,  29,  30,  31,  32, 
39,  40,  43,  49,  50,  52,  54,  55,  57,  58, 
59 

5 

July  1.  1916* 

4-A 

16 
17 

4 
2 

1,  2,  6,  7 

2,  4 

Judgment  not 
yet  entered 

5 

5 
7 

8 
9 

10 
22 

11 

2 

8,  35,  36,  38,  41,  43,  47,  56,  68,  97 

2,  6,  8,  11,  16,  18,  22,  26,  31,  36,  45,  46, 

48,  49,  51,  52,  53,  54,  59,  62,  72,  74 
1,  4,  5,  6,  7,  8,  23,  24,  26,  32,  35 
35,  41 

July  20,  1916* 

5-A 

Application  for  judgment  pending 

Total  Number  of  Parcels  287tf  (upon  which  judgment  has  been  granted) 

*  Judgment  of  condemnation  upon  these  parcels  had  been  granted  prior  to  June  30,  1916,  but 
title  did  not  vest  by  law  in  the  Bronx  Parkway  Commission  until  the  filing  of  the  oaths  of  the 
commissioners  of  appraisal  on  this  date. 

**  Appeal  pending. 

t  Portion  of  the  parcel  only. 

tt  Includes  Parcel  31A,  also. 
«         i  It  will  be  noticed  that  this  total  corresponds  to  the  total  shown  by  the  last  column  of  Table 
F  (ante  page  117) 

118 


RIVER  BAXU  01>['USITE  STATION',  HARTSDALE 


BEAUTIFUL  SECTION  OF  THE  RIVER,  BRONXVILLE  AND  YONKERS 


BRONX  RIVER  PARKWAY  LAW 


Chapter  594,  Laws  of  1907, 

as  amended  ry 
Chapter  757,  Laws  of  1913, 


Chapter  599,  Laws  of  1916 
AN  ACT 

to  provide  for  preserving  the  waters  of  the  bronx  river  irom  pollution  ; 
creating  a  reservation  of  the  lands  on  either  side  of  the  river;  authorizing 
the  taking  of  lands  for  that  purpose  and  providing  for  the  pavmf.nt  thereof, 
and  appointing  a  commission  to  carry  out  the  purposes  of  the  act,  in  relation 
to  the  purchase  and  condemnation  of  lands  and  payment  therefor  under  the 
authority  of  said  act 

Section  i 
Description  of  Lands 

All  those  certain  pieces  or  parcels  of  land  hereinafter  described  and  situate  in  the 
borough  of  the  Bronx,  city  of  New  York,  and  in  the  county  of  Westchester,  are  hereby 
set  aside  as  a  Bronx  river  reserve  and  parkway,  and  the  hereby  declared  to  constitute, 
when  acquired  and  improved  as  hereinafter  prescribed,  a  public  parkway  for  public 
use,  to  wit:  a  tiact  lying  and  extending  along  the  banks  of  the  said  river,  from 
Bronx  park  in  the  city  of  New  York,  through  the  city  and  county  of  New  York  to 
the  southerly  line  of  Westchester  county  :  thence  in  the  said  county  of  Westchester, 
through  the  cities  of  Yonkers  and  Mount  Vernon,  and  the  townships  of  Eastchester, 
Greenburgh,  Scarsdale,  White  Plains.  Mount  Pleasant  and  North  Castle,  and  adjoin- 
ing lands  belonging  to  the  city  of  New  York  at  the  Kensico  reservoir;  the  said 
reservation  being  designated  and  shown  on  a  certain  map  entitled  "  Map  showing 
proposed  extension  of  Bronx  river  reserve  and  parkway,  for  Bronx  river  parkway 
commission,  dated  December,  nineteen  hundred  and  six."  and  being  more  particu- 
larly bounded  and  described  by  separate  parcels,  as  follows  : 

[Balance  of  this  section  is  a  technical  description  of  parkway  area.] 

Section  2 
Appointment  of  Commission 
Within  ten  days  after  this  act  takes  effect  the  governor  shall  appoint  three  citi- 
zens of  the  state,  one  a  resident  of  the  borough  of  Manhattan,  New  York  city  ;  one 
a  resident  of  the  borough  of  the  Bronx,  New  York  city,  and  one  a  resident  of  the 
county  of  Westchester,  who  with  their  successors  in  office,  shall  be  the  commis- 
sioners under  this  act.  and  shall  be  known  and  described  as  the  Bronx  Parkway 
Commission,  and  are  hereby  authorized,  empowered  and  directed  to  carry  out  the 
provisions  of  this  act  in  the  manner  hereinafter  provided  for  the  purposes  of  estab- 
lishing a  public  park  for  public  use  in  the  Bronx  river  valley,  within  the  county 
of  Westchester,  and  borough  of  the  Bronx,  in  the  city  of  New  York,  and  preventing 
the  pollution  of  the  Bronx  river. 

Section  3 
Salaries  and  Vacancies 

The  said  commissioners  shall  each  receive  a  salary  at  the  rate  of  two  thousand 
five  hundred  dollars  per  annum,  during  their  term  of  office,  which  shall  be  in  lieu  of 


121 


all  traveling  expenses  or  other  disbursements  in  );he  performance  of  the  duties  of 
his  office;  one  of  said  commissioners  shall  hold  office  for  the  term  of  three  years 
from  the  date  of  organfeation ;  one  for  the  term  of  four  years  from  the  date  of 
organization,  and  one  for  the  term  of  five  years  from  the  date  of  organization ;  said 
terms  to  be  determined  by  lot,  and  at  the  expiration  of  each  of  such  terms,  and  of 
the  terms  of  their  successors  in  office,  the  governor  shall  appoint  a  commissioner 
for  the  full  term  of  five  years.  In  case  of  a  vacancy  occurring  by  death,  resignation 
or  otherwise,  the  governor  shall  appoint  a  commissioner  to  fill  the  unexpired  term, 
such  appointment  shall  be  made  |S0  that  at  all  times  one  of  said  commissioners  shall 
be  a  resident  of  the  borough  of  Manhattan,  New  York  city ;  one  a  resident  of  the 
borough  of  the  Bronx,  New  York  city,  and  one  commissioner  a  resident  of  the 
county  of  Westchester,  and  each  commissioner  so  appointed  shall,  before  entering 
upon  the  duties  of  his  office  and  within  twenty  days  from  the  time  of  his  appoint- 
ment, make  and  file  an  oath  in  duplicate,  as  hereinafter  required  of  the  original 
members  of  the  commission. 

Section  4 
Organization 

The  said  commissioners  shall  meet  in  the  county  of  Westchester,  or  in  the  bor- 
ough of  Manhattan,  or  borough  of  the  Bronx,  New  York  city,  within  twenty  days 
after  the  passage  of  this  act,  and  after  making  oath  that  they  will  faithfully  and 
impartially  exercise  and  perform  the  duties  imposed  upon  them  by  law,  shall 
organize  the  said  commission,  and  shall  elect  from  its  members,  a  president,  vice- 
president  and  treasurer;  said  oath  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  |0f  New  York,  and  a  duplicate  thereof  shall  be  ^led  in  the  office  of  the  clerk 
of  the  county  of  Westchester. 

Section  5 

Power  to  Adopt  Rules  and  Enforce  Penalties 

The  commissioners  and  their  successors  are  hereby  created  a  body  politic  with 
power  to  sue  and  be  sued,  to  use  a  common  seal,  to  adopt  by-laws,  to  regulate  its 
own  proceedings,  to  make  suitable  rules  and  regulations  for  the  proper  exercise  of 
the  powers  and  duties  hereby  conferred  and  imposed  upon  it,  and  for  the  govern- 
ment and  use  of  the  public  reservation  under  its  care,  and  to  enforce  observation 
of  all  rules  and  regulations  made  in  pursuance  of  this  act  by  prescribing  a  penalty, 
not  exceeding  fifty  dollars,  in  any  one  case  of  violation  for  any  person  or  corpora- 
tion violating  the  same,  to  be  recovered,  with  costs,  in  a  civil  action  in  any  court 
having  jurisdiction  thereof;  the  action  to  recover  penalties  under  the  rules  and 
regulations  made  in  pursuance  of  the  authority  hereby  granted,  shall  be  brought  in 
the  corporate  name  of  said  the  Bronx  Parkway  Commission,  and  in  such  action  it 
shall  be  lawful  to  declare  or  complain  particularly  for  such  penalty,  stating  the 
section  of  this  act  or  rule  or  regulation  under  which  the  penalty  is  claimed. 

Section  6 
Powers  and  Duties  in  Acquiring  Land 

The  said  commission  shall  annually  choose  from  its  members  a  president,  vice- 
president  and  treasurer  and  may  appoint  a  secretary,  who  shall  keep  a  record  of  its 
proceedings,  which  shall  be  a  public  record  and  be  open  to  public  inspection  at  such 
times  and  under  such  reasonable  regulations  as  the  commission  shall  determine. 
The  said  commission  shall  maintain  a  suitable  office  where  its  maps,  plans,  papers 
and  records  shall  be  kept,  and  for  the  purposes  of  this  act,  such  commissioners  may 
retain  all  necessary  counsel  and  attorneys,  and  are  empowered  to  employ,  and  at 
pleasure  discharge,  a  secretary,  engineer,  landscape  architect,  and  such  other  officers 
and  employees  as  it  may  deem  necessary  ;  and  may  determine  their  duties  and  fix 
their  compensation,  and  said  commissioners  shall  have  power  to,  and  shall,  so  soon 
as  may  be  after  its  organization,  and  from  time  to  time,  proceed  to  acquire,  main- 
tain and  make  available  for  use  as  a  public  park,  the  lands  described  in  section  one 
of  this  act,  and  for  that  purpose  shall  have  power  to  take,  in  fee  or  otherwise,  by 
purchase,  covenant,  devise  or  eminent  domain,  the  said  lands  or  any  of  them,  and 
any  rights,  interests  and  easements  therein  ;  and  may  enter  upon  any  and  all  the 


122 


lands  described  in  this  act  or  adjoining  said  lands,  when  necessary  to  carry  out  the 
purposes  of  this  commission,  and  may  survey  the  same  and  take  levels  thereof,  and 
by  themselves,  their  representatives  and  agents,  do  all  things  necessary  to  the  pre- 
paration for  the  laying  out  of  a  public  park  from  the  northerly  boundary  line  of 
Bronx  park,  borough  of  the  Bronx,  to  the  lands  belonging  to  the  city  of  New  York, 
at  the  Kensico  reservoir  in  Westchester  county. 

Section  7 
Survey  to  be  Made;  Map  to  be  Filed 

Before  any  proceedings  shall  be  had  for  ac(|uiring  title  to  any  of  the  real  estate 
required  tor  the  purposes  of  this  act,  the  said  commissioners  shall  cause  an  accurate 
survey  to  be  made  of  the  lands  within  the  park  area,  and  a  map  to  be  prepared 
therefrom  showing  the  lioundaries  thereof,  and  so  far  as  may  be,  the  several  parcels 
of  real  estate  to  be  taken  ;  a  copy  of  which  map  certified  by  a  majority  of  said  com- 
missioners shall  be  filed  in  the  office  of  the  register  of  the  county  of  New  York,  and 
a  copy  of  which  map.  similarly  certified,  shall  be  filed  in  the  office  of  the  register  of 
the  county  of  Westchester.    Said  maps  may  be  made  and  filed  in  sections. 

Section  8 

Public  Purpose  Declared — Notice  of  Filing  Maps  to  be  Published 

The  construction  and  maintenance  of  the  said  park  and  the  work  authorized  by 
this  act  are  hereby  declared  to  be  for  a  public  purpose.  Upon  the  filing  of  the 
maps,  or  any  section  thereof,  as  above  provided  for,  the  commission  shall  give  notice 
thereof  by  publishing  a  notice  of  such  filing  in  a  paper  of  general  circulation  pub- 
lished in  the  county  of  Westchester,  and  in  a  paper  of  general  circulation  published 
in  the  borough  of  the  Bronx  and  in  one  of  the  daily  papers  published  in  the  borough 
of  Manhattan.  Said  notice  shall  be  published  once  a  week  for  four  successive 
weeks.  No  recovery  shall  be  had  for  buildings  or  other  improvements  constructed 
upon  the  lands  so  to  be  taken  after  the  completion  of  the  publication  of  said  notice. 

Section  9 

Power  to  Enter  Upon  Any  Land  or  Tributary  Waters 

The  said  commissioners  and  their  agents,  engineers,  surveyors  and  such  other 
persons  as  may  be  necessary  to  employ  to  perform  the  duties  necessary  to  carry 
out  the  provisions  of  this  act,  are  hereby  authorized  to  enter  upon  the  lands  or 
waters  tributaries  to  said  Bronx  river,  or  contiguous  to  the  line  of  said  parkway 
hereby  provided  for,  for  the  purpose  of  making  surveys  or  examinations  and  pre- 
paring the  maps  required  by  this  act. 

Section  10 
Title  of  Lands  Exempt  from  Taxes 

The  title  to  all  real  estate  required  for  carrying  out  the  provisions  of  this  act, 
shall  be  taken  in  the  name  of  the  Bronx  Parkway  Commission,  in  fee,  and  shall  be 
exempt  from  taxes  and  assessments. 

Section  ii 
Power  to  Purchase  Parcels 

The  said  commissioners  may  agree  with  the  owner  of  any  real  estate  or  of  any 
easement  necessary  to  be  acquired,  as  to  the  amount  of  compensation  to  be  paid  to 
such  owner  for  the  taking  of  said  real  estate  or  easement. 

Section  12 
Definition  of  Real  Estate 

The  term  real  estate  as  used  in  this  act,  shall  be  construed  to  signify  and  embrace 
all  uplands,  lands  under  water,  the  water  of  any  lake,  pond  or  stream,  all  water  or 
mill  rights  or  privileges,  and  any  and  all  easements  and  incorporeal  hereditaments, 


123 


and  every  estate,  interest  and  right,  legal  and  equitable,  in  lands  or  water,  including 
terms  for  years,  and  liens  thereon  by  way  of  judgment,  mortgage,  or  otherwise,  and 
also  all  claims  for  damages  for  such  real  estate.  It  shall  also  be  construed  to  include 
all  real  estate  (as  the  term  is  above  defined)  heretofore  or  hereafter  acquired  or  used 
for  railroad,  highway  or  other  public  purposes,  providing  the  persons  or  corporations 
owning  such  real  estate,  or  claiming  interest  therein,  shall  be  allowed  the  perpetual 
use,  for  such  purpose,  of  the  same  or  of  such  other  real  estate  to  be  acquired  for  the 
purposes  of  this  act  as  will  afford  practicable  route  or  location  for  such  railroad, 
highway  or  other  public  purpose,  and  in  the  case  of  a  railroad  commensurate  with 
and  adapted  to  its  needs  ;  and  provided  also,  that  such  persons  or  corporations  shall 
not,  directly  or  indirectly,  be  subject  to  expense,  loss,  or  damage,  by  reason  of 
changing  such  route  or  location,  but  that  such  expense,  loss  or  damage  shall  be  borne 
in  like  manner  as  the  expenses  incurred  in  carrying  out  ,the  provisions  of  this  act. 

Section  13 

Condemnation  Authorized— Appoint  Commissioners  of  Appraisal,  How  Made 

In  the  event  that  the  said  Bronx  Parkway  Commission  shall  be  unable  to  agree 
with  the  owners  of  lands  described  herein,  or  deemed  necessary  by  said  Bronx 
Parkway  Commission,  or  if  by  reason  of  legal  incapacity  or  absence  of  such  owner 
no  agreement  can  be  made  for  the  purchase  of  such  lands  or  easements,  the  rights 
or  interests  in  lands  or  easements  so  deemed  necessary  for  the  purposes  of  this  act 
shall  be  acquired  by  condemnation  proceedings  instituted  and  carried  on  by  said 
Bronx  Parkway  Commission,  in  the  manner  provided  by  the  code  of  civil  procedure 
for  the  condemnation  of  real  property  for  like  purposes,  except  as  herein  otherwise 
provided,  and  in  the  name  of  the  Bronx  Parkway  Commission  ;  and  it  shall  there- 
upon be  lawful  for  said  Bronx  Parkway  Commission  to  ,apply  to  the  supreme  court 
in  the  county  where  such  lands  are  located,  for  the  appointment  of  commissioners 
of  appraisal,  and  it  shall  be  lawful  for  the  court  thereupon  to  name  and  appoint  as 
such  commissioners  of  appraisal  three  disinterested  persons,  two  of  whom  shall  be 
residents  of  Bronx  county  and  one  a  resident  of  the  county  of  Westchester  where 
the  property  to  be  taken  is  located  in  Bronx  county,  and  two  of  whom  shall  be  resi- 
dents of  the  county  of  Westchester  and  one  a  resident  of  Bronx  county,  where  the 
property  to  be  taken  is  located  in  the  county  of  Westchester.  Such  commissioners 
shall  thereupon  proceed  in  the  manner  provided  by  law. 

Section  14 

Title  Vestments  in  Condemnation  Proceedings — Power  to  Construct  Roads,  etc.,  and 
Grant  Licenses  or  Easements,  etc. 

Whenever  commissioners  of  appraisal  shall  be  appointed  in  proceedings  for  the 
condemnation  of  real  property  pursuant  to  this  act,  the  Bronx  Parkway  Commission 
shall,  on  filing  the  oaths  of  said  commissioners  of  appraisal  in  the  office  of  the  clerk 
of  Bronx  county,  and  a  duplicate  copy  in  the  office  of  the  clerk  of  the  county  of 
Westchester,  be  and  become  seized  of  all  the  parcels  of  real  estate,  named  and 
described  in  such  proceedings,  and  the  said  Bronx  Parkway  Commission  may  imme- 
diately, or  at  any  time  thereafter,  take  possession  of  the  same,  or  any  part  or  parts 
thereof,  and  the  said  Bronx  Parkway  Commission,  and  its  successor  or  successors, 
acting  under  its  or  their  authority  may  enter  upon  and  use  and  occupy  in  per- 
petuity all  the  parcels  of  real  estate  described  in  the  proceedings  for  the  condemna- 
tion thereof,  for  the  purpose  of  laying  out,  constructing  and  maintaining  the  said 
park  and  its  appurtenances.  Said  Bronx  Parkway  Commission  appointed  under 
this  act  shall  have  power  to  lay  out,  construct  and  maintain  roads  and  pathways 
and  boulevards  across  and  over  said  parkway,  and  to  lay  out,  construct  and  main- 
tain roads  and  ways  connecting  the  roads  and  ways  within  said  park  with  other 
public  roads  and  ways  outside  of  said  park;  and  may  grant  easements  to  municipal 
corporations  to  construct  and  maintain  at  such  place  or  places  as  the  Bronx  Park- 
way Commission  may  designate,  roads,  bridges  and  viaducts  within  and  across  said 
parkway,  and  in  addition  thereto  may  grant  licenses  or  easements  to  individuals, 
copartnerships  and  corporations,  including  municipal  corporations,  to  construct  sew- 
ers, lay  water  and  gas  mains,  and  electric  conduits  within  and  across  said  parkway. 


124 


Section  15 

Payment  of  Expenses,  Lands,  etc.:  Westchester  County's  Share 

Whenever  the  said  Bronx  Parkway  Commission  shall  have  agreed  with  any  per- 
son or  corporation  upon  the  price  to  be  paid  for  any  parcel  of  land  to  be  taken  and 
upon  confirmation  of  any  report  of  the  commissioners  of  appraisal  appointed  to 
ascertain  the  compensation  to  be  made  to  the  owner  as  hereinabove  provided,  the 
Bronx  Parkway  Commission  shall  forthwith  notify  the  mayor  of  the  city  of  New 
York  and  the  board  of  supervisors  of  the  county  of  Westchester  of  the  amount 
necessary  to  pay  for  said  lands  so  purchased,  together  with  interest,  if  any,  due 
thereon,  together  with  the  expenses  of  aciiuiring  the  same,  together  with  the  amount 
of  damages  awarded  with  the  interest  on  such  awards  from  the  date  of  filing  the 
oath  of  said  commissioners  of  appraisal,  together  with  the  compensation  of  said 
commissioners  of  appraisal,  as  fixed  by  the  court,  and  only  such  costs,  disburse- 
ments and  allowances  of  the  parties  which  may  be  taxed  pursuant  to  the  code  of 
civil  procedure  and  thereupon  the  board  of  supervisors  of  the  county  of  West- 
chester are  hereby  required  and  empowered  to  raise  as  prescribed  in  section  seven- 
teen of  this  act,  ieither  by  tax  levy  assessed  upon  the  taxable  real  and  personal 
estate  in  said  county  or  by  an  issue  of  bonds,  an  amount  necessary  to  pay  one- 
fourth  of  the  total  amount  for  said  lands  so  purchased,  together  with  one-fourth 
of  the  interest,  if  any,  due  thereon,  together  with  one-fourth  of  the  expense  of 
acquiring  the  same,  together  with  one-fourth  of  the  amount  of  damages  awarded, 
together  with  one-fourth  of  the  interest  on  the  awards  made,  from  the  date  of  filing 
the  oath  of  said  commissioners  of  appraisal,  together  with  one-fourth  of  the  com- 
pensation of  said  commissioners  of  appraisal  as  fixed  by  the  court  and  one-fourth 
of  such  costs,  disbursements  and  allowances  of  the  parties  which  may  be  taxed, 
and  to  pay  over  the  same  when  raised  to  the  comptroller  of  the  city  of  New  York, 
who  shall  apply  the  same  toward  the  payment  of  the  purchase  price  of  lands  so 
purchased  and  of  such  awards,  icompensation  to  the  commissioners  of  appraisal, 
interest,  costs,  disbursements,  allowances  and  expenses. 

Section  isa 
Authority  to  Westchester  County  to  Issue  Bonds 

To  pay  the  share  of  the  cost  of  acquisition  of  the  real  estate  and  of  the  laying 
out  and  opening  of  the  parkway  as  herein  provided,  and  the  expenses  incidental 
thereto  which  is  chargeable  against  the  county  of  Westchester,  the  county  of 
Westchester  is  hereby  authorized  to  issue  in  the  name  and  under  the  seal  of  the 
said  county  its  bonds  in  addition  to  the  amount  which  it  is  now  authorized  to 
raise,  in  such  sum  or  sums  as  shall  equal  the  entire  proportionate  share  of  the 
cost  of  the  parkway  hereunder  chargeable  against  the  county  of  Westchester. 

Section  15B 

Bonds:  Execution  and  Issuance;  How  and  When  Payable;  Exempt  from  Taxation; 
Legal  Investment 

Such  bonds  and  interest  shall  be  payable  by  their  terms  by  assessment  and  levy 
of  taxes  upon  the  entire  property  in  the  county  of  Westchester,  in  ratio  prescribed 
in  section  seventeen  of  this  act,  and  they  shall  be  executed  when  authorized  by  the 
board  of  supervisors  of  Westchester  county.  Said  bonds  shall  be  executed  by  the 
chairman  of  the  board  of  supervisors  of  Westchester  county  and  the  treasurer  of 
Westchester  county.  Said  bonds  are  to  be  issued  in  serial  form  and  not  sold  for 
less  than  par  in  amounts  to  be  fixed  by  the  said  Bronx  Parkway  Commission.  One- 
fiftieth  of  the  estimated  total  issue  thereof  shall  be  payable  twenty-five  years  from 
the  time  the  first  bonds  are  issued  :  and  thereafter  one-fiftieth  thereof  shall  be  pay- 
able in  each  year  until  the  whole  issue  of  said  bonds  shall  be  fully  paid.  The  bonds 
issued  hereunder  shall  be  called  The  Bronx  Parkway  bonds  of  the  county  of 
W'estchester."  Said  bonds  shall  be  issued  at  a  rate  of  interest  not  to  exceed  five 
per  centum  per  annum,  and  they  shall  be  exempt  from  all  taxation  by  said  state 
or  by  any  county,  city  or  other  subdivision  of  said  state,  and  shall  be  a  legal 
investment  for  savings  banks,  trust  companies,  executors  and  trustees. 

Section  15c 
Bonds:  Form  and  Terms 

Said  bonds  shall  be  in  substantially  the  following  form  and  contain  substantially 
the  following  provisions  : 

125 


STATE  OF  NEW  YORK, 

■n,         r>    1         r>    J        County  of  Westchester. 

Bronx  Parkway  Bond. 

Number   $  1,000. 

Know  all  men  by  these  presents,  That  the  county  of  Westchester,  a  municipal 
corporation  in  the  ,state  of  New  York,  hereby  promises  to  pay  to  bearer  one  thou- 
sand dollars  ($1,000)  on  the  first  day  of  January,  19. .  . .,  with  interest  thereon  at 
the  rate  of  per  centum  per  annum,  payable  semi-annually,  January  first  and 

July  first,  upon  the  presentation  of  the  coupons  hereto  attached  as  they  severally 
become  due,  both  principal  and  interest  payable  in  gold  coin  of  the  United  States  of 
the  present  standard  of  weight  and  fineness,  at  in  the  city  and  state  of 

New  York. 

This  bond  is  issued  under  land  pursuant  to  the  provisions  of  an  act  of  the  legis- 
lature of  the  state  of  New  York  approved  ,  nineteen  hundred 
and  seven,  entitled  for  the  purposes 
provided  in  the  said  act,  and  is  payable  as  provided  in  said  act.  The  full  faith  and 
credit  of  the  county  is  pledged  to  the  full  performance  ;of  all  of  its  duties  under  the 
said  act,  including  among  other  things  the  levy  and  collection  of  taxes  within  the 
said  county  for  the  payment  of  the  principal  and  interest  of  this  bond  and  of  the 
balance  of  the  series  of  which  this  is  a  part,  as  they  respectively  become  due.  This 
bond,  by  the  law  under  which  it  is  issued,  is  exempt  from  all  taxation  by  said  state 
or  by  any  county,  city  or  any  subdivision  of  said  state,  and  it  is  a  legal  investment 
for  savings  banks,  trust  companies,  executors  and  trustees. 

It  is  hereby  certified,  recited  and  declared  that  all  things  required  to  exist,  happen 
and  be  performed  precedent  to  and  in  the  issuing  of  this  bond  have  existed,  hap- 
pened and  been  performed,  in  due  form  and  manner  as  required  by  law,  and  that 
the  amount  of  this  bond  does  not  exceed  any  limit  prescribed  by  the  said  act  or  by 
the  constitution  or  statutes  of  said  state. 

This  bond  may  be  registered  as  to  both  principal  and  interest  upon  presentation 
to  the  county  treasurer,  who  shall  upon  such  registration  cut  off  and  cancel  the  un- 
matured coupons  on  this  bond,  and  write  the  name  of  the  registered  owner  in  the 
blank  on  the  back  of  this  bond,  and  also  the  signature  of  the  said  county  treasurer, 
and  thereafter  the  principal  and  interest  will  be  paid  only  to  such  registered  owner. 
And  this  bond  shall  be  transferable  thereafter  only  on  the  books  of  the  treasurer  of 
said  county,  on  the  presentation  of  this  bond,  together  with  a  transfer  thereof, 
duly  executed  by  the  registered  owner  in  person  or  by  attorney. 

In  witness  whereof  the  said  county  of  Westchester  has  caused  this  bond  to  be 
signed  by  the  chairman  of  its  board  of  supervisors  and  its  county  treasurer  and  its 
corporate  seal  to  be  hereto  affixed,  attested  by  the  clerk  of  the  said  board  of  super- 
visors, and  the  coupons  hereto  attached  to  bear  the  engraved  lithographed  signa- 
ture of  the  treasurer  of  said  tounty,  and  this  bond  to  be  dated  the  tirst  day  of 
January,   

Chairman  of  the  Board  of  Supervisors. 


Attest :  Treasurer  of  the  County  of  Westchester. 


Clerk  of  the  Board  of  Supervisors. 

(Form  of  Coupon.) 

On  the  first  day  of  July  (or  January,  as  the  case  may  be),  19. .  . .,  the  county  of 

Westchester,  state  of  New  York,  will  ipay  to  bearer  at    in  the 

city  and  state  of  New  York,    dollars  ($  )  in  gold 

coin  of  the  United  States  of  the  present  standard  weight  and  fineness,  being  six 
months'  interest  then  due  on  Bronx  Parkway  bond  of  the  county  of  Westchester, 

dated  January  i,  19.  .  .  .,  number  ,  as  provided  by  the  law  under  which  said 

bond  is  issued. 

County  Treasurer. 


Date  of  registration. 


(Form  of  Registration.) 
\  Name  of  registered  ] 
I  owner.  ' 


County  Treasurer. 


126 


Section  15D 
Temporary  Loans  and  Certificates  Authorized 

The  county  treasurer  of  the  county  of  Westchester  is  authorized,  empowered  and 
directed,  during  the  acquisition  of  the  real  estate  and  of  the  laying  out  and  con- 
struction of  said  parkway  by  the  Bronx  Parkway  Commissioners,  upon  the  demand 
of  the  said  commissioners  hereunder  to  make  temporary  loans  and  issue  temporary 
certificates  for  the  purpose  of  paying  the  proportionate  share  due  and  owing  from 
the  county  of  Westchester  for  the  acquisition  of  said  real  estate  and  the  construc- 
tion and  laying  out  of  said  parkway,  and  all  incidental  expenses  connected  there- 
with, to  carry  out  the  provisions  of  this  act  ;  said  certificates  of  indebtedness  to  be 
duly  signed  by  the  chairman  of  the  board  of  supervisors  and  the  county  treasurer 
of  said  county. 

Section  15E 

Temporary  Certificates:  How  Payable 

Said  certificates  shall  be  payable  from  the  proceeds  of  the  sale  of  bonds  pre- 
scribed and  to  be  included  within  the  amount  of  bonds  herein  prescribed  ;  and  said 
certificates  shall  not  bear  interest  at  a  rate  to  exceed  six  per  centum  per  annum. 
Said  temporary  certificates  of  indebtedness  shall  be  payable  only  out  of  the  pro- 
ceeds of  sale  of  bonds,  or  be  payable  only  out  of  taxes  levied  and  collected,  or  to 
be  levied  and  collected  as  provided  by  this  act. 

Section  15F 
Providing  Funds  to  Pay  Bonds 

To  the  end  that  the  interest  and  principal  of  said  bonds  shall  be  promptly  paid 
when  due,  it  shall  be  the  duty  of  the  board  of  supervisors  of  said  county  to  make 
the  said  annual  levies,  as  in  this  act  provided,  in  an  amount  sufficient,  making 
reasonable  allowances  for  delin(|uencies  and  failures  to  collect,  to  meet  the  said 
interest  and  principal  promptly  when  the  same  respectively  fall  due;  and  if  when 
any  installment  of  interest  or  principal  falls  due  there  shall  not  be  sufficient 
moneys  in  the  hands  of  the  county  treasurer  from  the  said  levies  to  pay  such  in- 
stallment of  interest  or  principal,  then  any  amount  necessary  to  make  such  payment 
and  prevent  any  default  shall  be  temporarily  advanced  by  the  said  county  treasurer 
out  of  any  general  funds  of  said  county,  or  the  board  of  supervisors  of  the  county 
may  issue  temporary  certificates  of  indebtedness. 

Section  150 
Supervisors  to  Prescribe  Form  of  Certificates 

Said  certificates  of  indebtedness  may  be  in  such  form  and  bear  such  rates  of  in- 
terest not  exceeding  six  per  centum  as  may  be  provided  by  the  board  of  supervis- 
ors. Matured  coupons  of  bonds  issued  under  this  act  shall  be  receivable  for  any  of 
the  taxes  levied  under  the  provisions  of  this  act. 

Section  15H 

Payment  of  Expenses,  Lands,  etc.:  New  Yorlc  City's  Share — Corporate  Stock — City 
of  New  York  to  Pay  Condemnation  Awards,  Expenses,  Interest,  Costs, 
etc..  Method  of  Providing  Funds 

It  shall  be  the  duty  of  the  city  of  New  York  to  pay  the  amount  of  such  expenses, 
and  to  pay  for  said  lands,  together  with  interest,  if  any,  due  upon  the  purchase  price 
thereof  purchased  under  the  provisions  of  this  act,  and  within  three  calendar  months 
after  the  date  of  the  entry  of  the  order  confirming  the  report  of  commissioners  of 
appraisal,  to  pay  the  amount  of  damages  awarded,  together  with  interest  on  the 
awards  made  from  the  date  of  filing  the  oath  of  said  commissioners  of  appraisal, 
together  with  the  compensation  of  said  commissioners  of  appraisal  as  fixed  by  the 
court,  and  only  such  costs,  disbursements,  and  allowances  of  the  parties  which  may 
be  taxed  pursuant  to  the  code  of  civil  procedure.  Such  payment  shall  be  made  to 
the  persons,  corporations  or  parties  entitled  thereto,  or  by  payment  into  court,  in 
accordance  with  the  provisions  of  section  fifteen,  subdivision  "J  "  of  this  act,  and 
in  default  thereof,  said  persons,  corporations  or  parties,  respectively,  may  at  any 
time  or  times  after  application  first  made  hy  him  or  them  to  the  comptroller  of 


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the  city  of  New  York  for  payment  thereof,  sue  for  and  recover  the  same,  with 
lawful  interest,  as  aforesaid,  and  costs  of  puit ;  and  in  order  to  provide  the  funds 
therefore,  the  proper  authorities  of  the  said  city  of  New  York  are  hereby  author- 
ized to  issue  corporate  stock  of  said  city,  in  the  manner  provided  by  law,  as  may 
be  necessary,  less  the  amount  of  the  funds  received  by  the  city  of  New  York  from 
the  county  of  Westchester  under  the  provisions  of  this  act. 

Section  15  i 

Office  Facilities  and  Clerks  for  Commissioners  of  Appraisal 

In  all  condemnation  proceedings  heretofore  or  hereafter  instituted,  pursuant  to 
this  act,  it  shall  be  the  duty  of  the  Bronx  Parkway  Commission  to  furnish  the  com- 
missioners of  appraisal  such  necessary  clerks  and  other  employees,  and  to  provide 
such  suitable  offices  as  may  be  necessary  to  enable  them  to  fully  and  satisfactorily 
discharge  the  duties  imposed  upon  them. 

Section  15J 

Disposition  of  Awards  Wliere  Owners  are  under  Disability,  or  Absent,  or  Unknown, 
or  Wliere  Pledged  or  Assigned,  or  in  Dispute;  Remedies 

In  all  condemnation  proceedings  heretofore  or  hereafter  instituted,  pursuant  to 
the  provisions  of  this  act,  when  an  owner,  in  whose  favor  an  award  shall  have  been 
made  in  a  final  order,  or  in  a  report  of  commissioners  of  appraisal,  which  has  been 
confirmed  by  the  court,  is  under  legal  disability  or  absent  from  the  city  of  New 
York  or  the  county  of  Westchester,  and  when  the  name  of  the  owner  shall  not  be 
set  forth  or  mentioned  in  said  fin;il  order  or  in  the  report  of  the  commissioners 
of  appraisal,  or  when  the  owner,  although  named  in  said  report  or  final  order,  can- 
not, upon  diligent  inquiry,  be  found,  or  where  there  are  adverse  or  conflicting 
claims  to  the  money  or  any  part  of  it  to  be  paid  as  compensation  for  the  property 
taken,  the  city  of  New  York  shall  pay  so  much  of  such  award  into  court  as  the 
court  may  direct,  to  be  secured,  disposed  of,  invested,  and  paid  out  as  the  court 
may  direct,  and  the  court  may  determine  who  is  entitled  to  the  same,  and  direct 
to  whom  the  same  shall  be  paid,  and  may,  in  its  discretion,  order. a  reference  to 
ascertain  the  facts  on  which  such  determination  and  direction  are  made  ;  and  such 
payments  shall  be  valid  and  eftectual  in  all  respects  as  if  made  to  the  owner;  and 
in  default  of  such  payment  into  court,  the  city  of  New  York  shall  be  and  remain 
liable  for  such  award  with  lawful  interest  thereon  from  the  day  upon  which  title 
to  the  real  property  for  which  said  award  is  made  vested  in  the  Bronx  Park  Com- 
mission. Where  an  award  shall  be  paid  to  a  person  not  entitled  thereto,  the  per- 
son to  whom  it  ought  to  have  been  paid  may  sue  for  and  recover  the  same,  with 
lawful  interest  and  costs  of  suit  as  to  so  much  money  had  and  received  to  his  use 
by  the  person  to  whom  the  same  shall  have  been  so  paid.  Payment  of  an  award 
to  a  person  named  in  the  report  of  the  final  order  as  the  owner  thereof,  if  not 
under  legal  disability,  shall,  in  the  absence  of  notice  in  writing  to  the  comptroller 
of  the  city  of  New  York  of  adverse  claims  thereto,  protect  the  city  of  New  York. 
In  case  of  the  pledge,  sale,  transfer,  or  assignment  of  an  award  by  the  person  en- 
titled to  receive  the  same  by  virtue  of  the  report  of  the  commissioners  of  appraisal, 
or  by  a  final  order  of  the  court,  or  any  other  order  of  the  court,  the  instrument  evi- 
dencing such  pledge,  sale,  transfer,  or  assignment,  acknowledged  or  proved  as  in- 
struments, are  required  to  be  acknowledged  or  proved  for  the  recording  of  trans- 
fers of  real  property,  shall  be  filed  in  the  office  of  the  comptroller  of  the  city  of 
New  York,  who  shall  endorse  on  the  said  instrument  its  number,  and  the  hour,  day, 
month,  and  year  of  its  receipt.  If  an  assignment  of  an  award  be  contained  in  an 
instrument  recorded  in  an  office  in  which  instruments  affecting  real  property  are 
by  law  required  to  be  recorded,  a  certified  copy  thereof  may  be  filed  in  the  office  of 
said  comptroller  in  place  of  the  original.  An  index  shall  be  kept  in  alphabetical 
order  under  the  name  of  the  pledgor  or  assignor,  and  also  the  pledgee  or  assignee, 
stating  the  title  of  the  proceeding,  the  time  of  the  filing  of  the  instrument,  the  file 
number  thereof,  and  what  part  of  the  award  is  assigned  thereby.  Every  such  in- 
strument not  so  filed  shall  be  void  as  against  any  subsequent  pledgee  or  assignee  in 
good  faith  and  for  a  valuable  consideration  from  the  same  pledgor  or  assignor,  his 
heirs,  administrators  or  assigns,  of  the  same  award  or  any  portion  thereof,  the  as- 
signment of  which  is  first  duly  filed  in  the  office  of  the  said  comptroller.  Pay- 


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ment  to  the  assignee  or  pledgee  shown  to  be  entitled  to  the  award  by  said  record 
in  the  office  of  the  comptroller  shall  protect  the  city  of  New  York  from  liability  to 
any  other  person  or  persons. 

Section  isk 

Compensation  of  Commissioners  of  Appraisal 

In  all  condemnation  proceedings  heretofore  or  hereafter  instituted  pursuant  to 
the  provisions  of  this  act,  each  commissioner  of  appraisal,  upon  the  confirmation  of 
the  report  or  other  determination  of  the  proceeding,  shall  be  entitled  to  receive  in 
full  compensation  for  his  services  as  such  commissioner  of  appraisal,  and  in  bar  of 
all  other  claims  for  compensation  expenses,  an  allowance  as  may  be  fixed  and 
awarded  by  the  court  as  herein  provided,  not  exceeding  five  dollars  for  every 
full  hour  upon  each  day  upon  which  he  attends  a  meeting  of  said  commissioners  of 
appraisal  and  is  actually  and  necessarily  employed  in  the  performance  of  the  duties 
imposed  upon  said  commissioners  of  appraisal  at  the  offices  provided  for  such  com- 
missioners of  appraisal  or  at  the  meeting  of  the  commissioners  of  appraisal  to  view 
the  premises,  provided  that  such  compensation  shall  not  be  paid  until  it  shall  have 
been  awarded  and  fixed  by  order  of  the  court  upon  five  days'  notice  to  the  Bronx 
Parkway  Commission,  and  upon  proof  by  affidavit  showing  the  nature  and  extent 
of  the  services  rendered,  the  dates  of  rendering  services,  and  the  number  of  hours 
and  parts  of  an  hour  necessarily  occupied  upon  each  date.  A  copy  of  such  proof 
shall  be  served  upon  said  Bronx  Parkway  Commission  with  the  notice  of  taxation. 

Section  isl 
Appeals 

In  addition  to  any  appeal  or  appeals  which  may  be  authorized  by  law  to  be  taken 
from  any  judgment  or  order  entered,  or  which  may  hereafter  be  entered,  in  any 
condemnation  proceedings  heretofore  or  hereafter  instituted  pursuant  to  the  pro- 
visions of  this  act,  the  Bronx  Parkway  Commission  or  any  party  or  person  affected 
by  said  proceedings,  and  aggrieved  by  the  order  fixing  the  compensation  of  said 
commissioners  of  appraisal,  may  appeal  therelroni  to  the  appellate  division  of  the 
said  court.  Such  appeal  shall  be  taken  and  heard  ui  the  manner  provided  by  the 
code  of  civil  procedure  and  the  rules  and  practices  of  the  said  court  in  relation  to 
appeals  from  orders  in  special  proceedings,  and  such  appeal  shall  be  heard  and  de- 
termined by  such  appellate  division  upon  the  merits  both  as  to  matters  of  law  and 
fact.  But  the  taking  of  such  appeal  shall  not  operate  to  stay  the  proceedings  under 
this  act  with  respect  to  the  order  entered  on  the  motion  to  confirm  the  said  report 
or  reports  of  said  commissioners  of  appraisal. 

Section  i6 

Estimated  Outlay  for  Maps,  Plans,  and  Improving  Lands  to  be  Certified 
Annually — Providing  Funds  for  Payment  Thereof 

On  or  before  the  tenth  day  of  September,  following  the  approval  of  the  board  of 
estimate  and  apportionment  provided  for  by  section  19  of  this  act,  the  said  Bronx 
Parkway  Commissioners  shall  certify  to  the  board  of  supervisors  of  the  county  of 
Westchester  and  to  the  board  of  estimate  and  apportionment  of  the  city  of  New 
York,  the  amount  necessary  to  pay  the  expenses  incurred  by  them  prior  to  such 
date,  in  procuring  the  surveys  and  preparing  the  maps  and  plans  required  by  this 
act,  and  they  shall  at  the  same  time  submit  an  estimate  of  the  expenses  necessary 
to  be  incurred  by  them  in  the  ensuing  year,  for  the  same  purposes,  and  for  the  pur- 
pose of  improving  the  lands  acquired  by  them  or  to  be  acquired  during  the  ensuing 
year,  and  shall  annually  thereafter  submit  to  the  same  bodies  an  estimate  of  the 
expenses  to  be  incurred  by  them,  for  the  same  purposes,  for  the  next  ensuing  year, 
and  thereupon  the  board  of  supervisors  of  the  county  of  Westchester  shall  proceed 
to  raise,  either  by  tax  levy  assessed  upon  the  taxable  real  and  personal  estate  in 
said  county,  in  the  ratio  hereinafter  provided,  or  by  an  issue  of  bonds  or  certifi- 
cates of  indebtedness,  in  the  form  provided  by  section  fifteen  of  this  act,  an  amount 
necessary  to  pay  one-fourth  of  the  total  amount  of  such  expenses  ;  and  shall  forth- 
with pay  over  such  amount  to  the  comptroller  of  the  city  of  New  York,  to  be  by 
him  applied  to  the  payment  of  such  expenses,  and  it  shall  be  the  duty  of  the 


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proper  officials  of  the  city  of  New  lYork  to  annually  provide  for  the  payment  of 
the  balance  of  such  expenses,  and  for  the  comptroller  of  the  city  of  New  York  to 
pay  such  expenses  upon  proper  requisition  from  the  commission. 

1  Section  17 

Apportionment  of  Tax  Levy  in  Westchester  County 

The  tax  to  be  levied  by  the  board  of  supervisors  of  Westchester  county  to  pay 
its  share  of  the  bonds  authorized  by  this  act,  with  the  interest  thereon,  or  to  pay 
the  cost  of  acquiring  the  lands  herein  described,  together  with  the  expense  of  ac- 
quiring such  lands  and  the  surveying  and  improvement  thereof,  shall  be  assessed 
upon  the  taxable  real  and  personal  estate  in  said  county  in  the  following  ratio : 
eighty-five  per  centum  thereof  upon  the  whole  county  and  fifteen  per  centum 
thereof  upon  [the  towns  and  cities  of  said  county  through  which  said  proposed 
parkway  runs. 

Section  18 

Expenses  of  Commission  and  Employees — Providing  Funds  Tlierefor  by  Tax  Levy 

On  or  before  the  tenth  day  of  September,  following  the  approval  of  the  board  of 
estimate  and  apportionment  provided  for  by  section  nineteen  of  this  act,  and  an- 
nually thereafter,  the  commissioners  appointed  by  this  act  shall  certify  to  the  board 
of  supervisors  of  the  county  of  Westchester,  and  to  the  board  of  estimate  and  ap- 
portionment of  the  city  of  New  York,  the  amount  necessary  to  pay  the  salaries  of 
the  commissioners,  office  employees  of  said  commission,  including  the  secretary 
and  counsel,  and  the  rent  and  other  incidental  expenses  of  said  office,  for  the 
ensuing  year,  and  thereupon  it  shall  become  the  duty  of  the  board  of  supervisors 
of  the  county  of  'Westchester  to  provide  for  one-fourth  of  the  said  expenses,  and 
of  the  board  of  estimate  and  apportionment  of  the  city  of  New  York  to  provide 
for  raising  three-fourths  of  said  expenses,  by  including  the  amount  thereof  in  the 
annual  budget,  and  to  that  end  the  said  board  of  supervisors  of  the  county  of  West- 
chester and  the  board  of  taxes  and  assessments  in  the  city  of  New  ,York  are  hereby 
authorized  and  empowered  to  annually  assess  the  proportionate  cost  of  maintenance 
of  the  said  commission,  as  so  certified  by  them,  ^pon  the  taxable  real  and  personal 
property  within  their  respective  jurisdictions,  and  the  amount  so  raised  by  the  said 
board  of  supervisors  of  the  county  of  Westchester  shall  be  paid  over,  as  soon  as 
raised,  to  the  comptroller  of  the  city  of  New  York,  and  be  placed  by  him  to  the 
credit  of  said  commission,  together  with  the  funds  provided  by  the  board  of  esti- 
mate and  apportionment  ,of  the  city  of  New  York,  and  the  total  fund  shall  be  paid 
over  by  him  to  said  commission  upon  its  requisition. 

Section  i8a 

Parliway  Commissioners  May  Use  and  Improve  Lands  of  City  of  New  York  and  Other 
Municipalities;  May  Acquire  Tributary  Streams  and  Adjacent  Lands — Expendi- 
tures; Apportionment;  Issuance  of  Bonds  for  Payment  Thereof 

In  addition  to  the  powers  hereinbefore  granted  to  them,  the  said  commissioners 
shall  have  power  to  improve,  maintain  and  use  the  lands  of  the  city  of  New  York 
and  other  municipalities  adjoining  the  parkway  between  Bronx  park  on  the  south 
and  the  new  Kensico  dam  on  'the  north,  with  the  consent  of  the  local  authorities 
having  jurisdiction  thereof;  also  to  accept  by  gift,  covenant  or  devise  lands  adjoin- 
ing the  parkway  reservation  or  adjoining  public  lands  contiguous  to  such  reserva- 
tion, and  to  improve  and  maintain  the  same  ;  also  to  improve  and  maintain  lands 
in  public  streets,  adjacent  to  or  within  the  general  lines  of  the  parkway  reserva- 
tion ;  also  to  sell  timber,  wood,  material,  houses  and  buildings  of  every  kind  and 
nature  standing  upon  or  attached  to  lands  acquired  for  reservation  purposes.  Upon 
petition  by  the  common  council  of  a  city  or  town  board  of  a  town  through  which 
a  brook  or  stream  tributary  to  the  Bronx  river  flows,  such  commissioners  may 
acquire  and  take  in  fee  or  otherwise,  by  purchase,  covenant,  gift,  devise  or  emi- 
nent domain,  so  much  of  such  brook  or  stream  and  the  lands  thereunder  and  adja- 
cent thereto  or  bordering  thereon,  and  any  rights,  interests  or  easements  therein 
within  the  city  or  town  presenting  the  petition  as  may  be  deemed  necessary  by 
such  commissioners  to  preserve  the  Bronx  river  from  pollution.    One-half  of  the 


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expense  of  such  acquisition  shall  be  borne  by  the  city  or  town  presenting  the  peti- 
tion. The  other  one-half  of  such  expense,  together  with  the  pntire  cost  of  main- 
tenance and  improvement,  shall  be  borne  and  paid  in  accordance  with  the  fore- 
going provisions  of  this  act.  When  such  a  petition  shall  have  been  presented  and 
the  estimated  expense  of  acquisition  shall  have  been  determined  by  the  commis- 
sioners, they  shall  certify  to  the  proper  officers  of  such  city  or  town  the  portion  of 
such  expense  to  be  borne  thereby.  Every  city  or  town  through  which  any  such 
stream  or  brook  flows  is  hereby  authorized  to  pay  one-half  of  the  expense  of  such 
acquisition  as  may  be  made  within  its  boundaries  pursuant  to  this  section,  and  is 
hereby  authorized  to  issue  and  sell  its  bonds  for  the  purpose  of  raising  funds  to 
meet  its  share  of  any  such  expenditure.  If  a  city,  such  bonds  shall  be  issued  and 
sold  in  accordance  with  the  provisions  of  law  prescribing  the  method  by  which 
such  city  shall  issue  and  sell  its  bonds,  and  such  city  shall  cause  to  be  raised  an- 
nually by  tax  in  the  manner  required  by  law,  a  sum  sufficient  to  pay  the  interest 
and  principal  of  such  bonds,  as  the  same  shall  become  due.  If  a  town,  such  bonds 
shall  be  issued  and  sold  in  the  manner  provided  for  the  issue  and  sale  of  town 
bonds  to  pay  a  judgment  against  the  town,  and  such  town  shall  cause  to  be  raised 
annually  by  tax  in  the  manner  required  by  law,  a  sum  sufficient  to  pay  the  prin- 
cipal and  interest  of  such  bonds  as  the  same  shall  become  due.  City  or  town 
bonds  issued  pursuant  to  this  section  shall  be  payable  at  such  times  and  in  such 
installments  as  the  common  council  or  town  board,  as  the  case  may  be,  shall  deter- 
mine. The  proceeds  from  the  sale  of  such  bonds  shall  be  paid  to  the  Bronx  Park- 
way Commissioners  and  applied  to  the  purposes  for  which  such  bonds  were  issued. 
Any  balance  remaining  in  the  hands  of  the  commission  after  the  payment  from 
such  proceeds  of  one-half  of  the  cost  of  acquisition  for  which  such  bonds  were 
issued  shall  be  repaid  by  the  commission  to  the  proper  municipal  authorities  to 
be  applied  in  payment  of  the  principal  or  interest  of  such  bonds  as  the  same  shall 
become  due.  Any  piece  or  parcel  of  land,  and  any  right,  interest,  or  easement  in 
real  estate  acquired  by  t"he  commission  pursuant  to  this  section  shall  constitute  a 
part  of  the  Bronx  river  restrve  and  parkway  as  established  by  this  ^ct,  and  be 
subject  to  all  the  provisions  of  this  act  in  relation  to  the  control,  maintenance  and 
improvement  of  such  reserve  and  parkway. 

Section  19 

Approval  of  Board  of  Estimate  and  Apportionment 
Before  any  expense  or  obligation  is  incurred  under  the  provisions  of  this  act, 
the  commission  appointed  hereby  shall  obtain  the  approval  of  the  board  of  estimate 
and  apportionment  of  the  city  of  New  York,  to  the  acquisition  of  the  lands  herein 
described,  or  some  part  thereof,  for  the  purposes  of  this  act. 

Section  20 

All  acts  and  parts  of  acts  inconsistent  herewith  or  contrary  hereto  are  hereby 
repealed. 

Section  21 
This  act  shall  take  effect  immediately. 


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11  n 

Total  Cost 

$3,817,400.96 

$425.91 
1,273.85 

iili  i 

1  1 

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17,734.173  $2,757,829.56 

Grantor 

Total  Brought  Forward  . 

Lucy  Silano  

Graman  Building  Co  

::::::&;: 

Total  land  to  which  title  has  been 
taken  as  of  June  30,  1916  

1 

1  - 

147 


RECREATION  IN  THE  PARKWAY 


INDEX 

REPORTS: 

Commission  7 

Engineer  and  Secretary  71 

COXSCLTING   LaNDSI-ME   ARCHITECT  ......  77 

Law  Department  85 

PARKWAY  LAW  121 

TABLES: 

A.  Lands  Acquired  and  Under  Contract,  June  30,  1915     .       .  113 

B.  Cost  of  Law  Work,  June  30,  1915  113 

C.  Lands  Acquired  and  Under  Contract,  June  30.  igi6    .  .114 

D.  Cost  of  Law  Work,  etc.,  June  30,  1916  115 

E.  Number  of  Parcels  Purchased  or  to  be  Condemned     .  .116 

F.  Progress  of  Condemnation  Proceedings  .       .       .  .117 

G.  Parcels  of  Land  Condemned  .       .       .       .       .       .  .118 

SCHEDULES: 

A.  Receipts   133 

B.  Treasurer's  Report   134 

C.  Funds   135 

D.  Disbursements         .........  136 

E.  Acquisition  of  Lands   137 


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